Stephen J. Connolly
Executive Director
OFFICE OF INDEPENDENT REVIEW: An Introduction
I. Creation of OIR
The Office of Independent Review (“OIR”) was established by a County Ordinance that the Board of Supervisors passed in February of 2008. The creation of OIR ended a process that had begun several months earlier, when the Board began to explore the possibility of bringing formal civilian oversight to the Sheriff’s Department. A working group with representatives from several County entities had recommended the adoption of the OIR model, which has been operating in Los Angeles County since 2001. As articulated in the Ordinance, the mission of OIR is to “monitor, assist, oversee and advise” the Orange County Sheriff -Coroner Department (“OCSD”) in its handling of critical incidents and allegations of employee misconduct.
Once the Office had been formally created, the County engaged in a selection process for an “Executive Director” to lead OIR. That process culminated with the approval of an “Agreement for Special Legal Services” between the County and Stephen J. Connolly, executed on August 5, 2008 with a commencement date of September 1, 2008.
II.
Features and Principles of the OIR Model
The OIR model of civilian oversight has several core principles:
- Integration into law enforcement’s own review process: Rather than creating a parallel or competing mechanism for addressing critical incidents and allegations of misconduct, OIR brings an outside perspective to the OCSD’s existing protocols. It recognizes that law enforcement is, in many ways, best situated to address these situations, not only because of its resources and expertise, but because it must take managerial responsibility for its findings and decisions. At the same time, inclusion of an independent, outside perspective is meant to strengthen these processes and enhance public confidence in their legitimacy.
- Full-time commitment of oversight personnel: This ensures the level of involvement needed to maintain productive relationships, stay apprised of relevant developments (both internal and external to OCSD), make informed assessments regarding individual cases and OCSD practices, and ensure appropriate follow through.
- Access: The attorney-client relationship between OIR lawyers and both the County and OCSD allows OIR lawyers and personnel to have access to investigation files, records and meetings while maintaining the confidentiality of those materials. OIR personnel respond in person to critical incidents, consult regularly with OCSD decision-makers, and have the unfettered ability to review OCSD operations. (The cooperation of OCSD is obviously critical in this regard, and has been forthcoming.)
- Independence: The Executive Director and other professional staff members of OIR (no more than two (2) staff attorneys and an “investigations analyst”) are independent contractors. They are not employees of the County or part of the OCSD chain of command. This helps OIR maintain appropriate “arm’s length” relationships and objectivity in its assessments and recommendations, and increases public confidence accordingly.
- Transparency: OIR serves as a conduit between the public and OCSD. It seeks to represent the public’s interest and perspectives when monitoring individual cases or promoting reforms, and to provide explanation and insight to the public concerning the Department’s actions. Reporting about the Department’s handling of critical incidents, allegations of misconduct, and reform initiatives is an important dimension of OIR’s responsibilities. More...