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Extracted from Consolidated Report

This investigation was originally published as part of a larger consolidated report containing multiple investigations. View the consolidated PDF for the complete document.

Santa Cruz County Grand Jury • 2000-2001

Criminal Justice

Published: June 08, 2001 126 pages
View PDF View Full Original

Findings 27 findings

F1 Page 92
The CPRB is a seven-member voluntary board. Each city council member appoints one candidate for a seated position on the CPRB. The term of each member of the CPRB coincides with the term of the nominating city council member. Each member may serve a maximum of 8 consecutive years on the CPRB.
F2 Page 92
The board meets on the second Monday of every month for a public, open meeting from 5:30PM to 8:00PM in the city council chambers. In addition, the board meets in closed sessions to discuss confidential police personnel issues. The board met 14 times in 1999 for closed-session reviews.
F3 Page 92
Pursuant to CPRB by-laws, to be a member of the CPRB, one must • Be a qualified voter of the City of Santa Cruz • Not be employed by the City of Santa Cruz • Possess a reputation for fairness, integrity and responsibility • Have demonstrated an active interest in public affairs and service Page78 Review of the Citizens’ Police Review Board of the City of Santa Cruz 2000-01 Santa Cruz County Grand Jury Final Report
F4
According to California Penal Code §832.5(a) “Each department or agency in this state which employs peace officers shall establish a procedure to investigate citizens’ complaints against the personnel of such departments or agencies, and shall make a written description of the procedure available to the public.”
F5 Page 93
A police review board is not mandated by the state. It is a discretionary review process and most cities do not have such a board. Santa Cruz City Police Department is the only law enforcement agency in Santa Cruz County to have a review board.
F6 Page 93
The CPRB provides an additional level of police oversight. The Board provides citizens an alternative place to express concerns outside of the police department.
F7 Page 93
The Santa Cruz Police Department Citizen Comment Brochure contains the comment form for the use of citizens. The form states that according to California Penal Code §148.6(b), the person making the comment is provided the following instruction: “You have the right to make a complaint against a police officer for any improper police conduct. California law requires this agency to have a procedure to investigate citizens’ complaints. You have a right to a written description of this procedure. This agency may find after investigation that there is not enough evidence to warrant action on your complaint; even if that is the case, you have the right to make the complaint and have it investigated if you believe an officer behaved improperly. Citizen complaints and any reports or finding relating to complaints must be retained by this agency for at least five years. It is against the law to make a complaint that you know to be false. If you make a complaint against an officer knowing that it is false, you can be prosecuted on a misdemeanor charge.”
F8 Page 93
Citizen comment forms on the Santa Cruz City Police Department are available at the following locations in the City of Santa Cruz: • Santa Cruz Police Department • Citizens’ Police Review Board • City Clerk’s Office
F9 Page 93
Citizens may classify their comment in the following manner: • Commendation • Comment • Request for Mediation Information • Citizen Inquiry • Citizen Complaint
F10 Page 93
A commendation is one of the available options that the Santa Cruz City Police Department utilizes in its comment brochure in order to encourage positive feedback. Review of the Citizens’ Police Review Board of the City of Santa Cruz 2000-01 Santa Cruz County Grand Jury Final Report
F11 Page 94
If the citizen chooses to make any comments, each comment is categorized as follows: • A policy with which you agree/disagree • A procedure which was/was not properly followed • A procedure which you agree/disagree • A positive or negative comment regarding attitude, behavior or conduct by a city employee • A possible violation of the law
F12 Page 94
Should a citizen request mediation, the CPRB has contracted with the Conflict Resolution Center of Santa Cruz County to provide mediation services. The process can include the following: • Mediation helps the parties communicate and come to agreements that are mutually acceptable. • Either party may request mediation at any time during the review process. • Mediation is voluntary and must be agreed to by all parties involved before it can be implemented. • All requests for mediation must be in writing. • Mediation is conducted at no cost to the parties involved and every reasonable effort will be made to schedule mediation sessions at the convenience of those involved. • Mediation sessions are closed to the public. The Police Chief and the CPRB report that very few complainants request or accept mediation as a recourse to their complaint.
F13 Page 94
If a citizen indicates on the comment form that an inquiry is desired, the process is handled immediately by the supervisor of the involved officer. The supervisor is provided with the details of the inquiry. The supervisor is then instructed to immediately review the matter with the officer and provide the appropriate training or counseling or corrective action to prevent any further recurrence. The CPRB does not handle inquiries. Page80 Review of the Citizens’ Police Review Board of the City of Santa Cruz 2000-01 Santa Cruz County Grand Jury Final Report
F14 Page 95
According to the 1999 Annual Report, the CPRB reviewed 27 citizen complaints, some of which contained multiple allegations. The range of allegations included the following: Range of Allegations Conduct Procedural Officer misconduct Unlawful arrest Excessive force Unlawful search Missing/damaged property Improper procedure Discrimination Failure to take action Conduct Allegations Officer Excessive Missing/Damaged Year Conduct Force Property Discrimination Total 1999 22 4 1 0 27 1998 18 7 2 0 27 1997 20 7 1 0 28 Procedural Allegations Unlawful Unlawful Improper Failure To Year Arrest Search Procedure Take Action Policy Total 1999 2 1 31 5 0 39 1998 6 5 12 0 0 23 1997 8 3 22 2 1 36 Review of the Citizens’ Police Review Board of the City of Santa Cruz 2000-01 Santa Cruz County Grand Jury Final Report
F15 Page 96
If the comment form indicates that a complaint is being filed, the process necessitates a formal investigation into the incident by Internal Affairs or the officer’s chain of command. The following will occur: • The case is assigned to the Internal Affairs Investigator. • The Internal Affairs Investigator collects evidence and conduct interviews of the officers and any witnesses. • The Internal Affairs Investigator makes his/her investigation available to CPRB in the form of a report and submits findings to the chief of police. • The CPRB must review the completed investigation. • The CPRB may: @ Ask for further information from the chief of police @ Call for an independent investigation @ Hold hearings @ Subpoena witnesses and take testimony @ Make a ruling on the case as presented by the Internal Affairs report. • The CPRB report is sent to the chief of police stating its findings and
F16 Page 96
Prior to the establishment of the CPRB, the process of a complaint involved the following: • The case was assigned to an Internal Affairs Investigator. • The Internal Affairs Investigator collected evidence and conduct interviews of the officers and any witnesses. • An investigator submitted findings to the chief of police. • The chief of police considered the Internal Affairs report prior to his final determination of the outcome of the complaint. • The chief of police notified the complainant and the involved officers of the Chief’s findings and conclusions. Page82 Review of the Citizens’ Police Review Board of the City of Santa Cruz 2000-01 Santa Cruz County Grand Jury Final Report
F17 Page 97
In 1999, the CPRB determined that 94% of allegations were not sustained and the chief of police determined that 97% of the same allegations were not sustained. The CPRB Annual Report defines the term not sustained as “the review fails to disclose sufficient facts to prove the allegation made in the complaint.” CPRB Findings on Allegations Reviewed % Not Year %Sustained Sustained 1999 6 94 1998 11 89 1997 9 91 Chief of Police Findings on Allegations Reviewed % Not Year % Sustained Sustained 1999 3 97 1998 10 90 1997 10 90
F18 Page 97
In 1999, 11 out of 28 complaints (one of which was not reviewed in 1999) came from the downtown Santa Cruz area. Out of the 27 complaints reviewed, the Board was unanimous in its findings on 20 of the complaints reviewed, split on findings in 4 complaints, made no findings in 2 complaints, and finding was pending on 1 complaint.
F19 Page 97
According to the City of Santa Cruz Information Report for Year-end 1999. The 27 complaints received comprised 0.05% of the total 60,763 calls handled by the police department.
F20 Page 97
According to the City of Santa Cruz Citizens’ Police Review Board 1999 Annual Report, “there were only a relatively small number of complaints…the small number supports the overall good effort of the City’s Police Department.”
F21 Page 97
In September 1999, the CPRB conducted its first independent investigation. This investigation was in response to community concerns and complaints of excessive force stemming from arrests at an anti-war demonstration. The added expense of an investigator caused the CPRB to spend beyond their 1999 budget.
F22 Page 97
Last year, the CPRB held a public hearing on the topic of racial profiling. This hearing was broadcast on Community TV.
F23 Page 97
In recent years, fewer complaints at the Santa Cruz City Police Department is attributed by the chief of police as a result of increased departmental training efforts, including mental health, homeless resource and social issues training. Review of the Citizens’ Police Review Board of the City of Santa Cruz 2000-01 Santa Cruz County Grand Jury Final Report
F24 Page 98
The CPRB members are citizens who may not be experienced in police practice and procedures. The CPRB training involves a mandated CPRB orientation and ride-alongs with police personnel.
F25 Page 98
Originally, the board had to complete their portion of the investigation review within 30 days. Since the board only meets once a month, they want to increase their review of a complaint from 30 days to 60 days. After the Grand Jury interview, it was discovered that the timeline may now be extended when the CPRB coordinator contacts the city manager.
F26 Page 98
The CPRB Chairperson corresponded to the city council. In this document, the CPRB stated that they would like to see the following changes: • Improve officer cooperation in reviewing complaints • Improve ability to gain complainant cooperation • Allow public release of reasons for exoneration of the police officer
F27 Page 98
Since the establishment of the CPRB, the Internal Affairs investigation reports have increased from a typical 5-page report to a possible 25-page report. These reports must now be written in laymen’s terms for the CPRB members, rather than police terminology. Conclusions The number of complaints made to the Santa Cruz City Police Department is extremely low. The existing training provided to CPRB members does not involve adequate training in the Police Department’s practices and procedures. An established procedure is in place at the Santa Cruz Police Department to investigate citizen complaints and an additional level of review increases the complaint resolution time. The chief of police is not bound by the recommendations of the CPRB but agrees with their findings in most cases. A review board has the potential to provide a new perspective and serve as a checks and balances on the police department’s complaint review process. Page84 Review of the Citizens’ Police Review Board of the City of Santa Cruz 2000-01 Santa Cruz County Grand Jury Final Report

Recommendations 17

Conclusions 49

No Responses Found 1

Government entities assigned to respond to this report. No response documents have been linked in our database.

Santa Cruz County County