Santa Clara County Grand Jury • 2003-2004

Inquiry Into the City of San Jose Office of the Independent Police Auditor

Published: June 17, 2004 13 pages
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Findings 9 findings

F2004 Page 3
Richard H. Woodward Foreperson 12 References Documents 2001 Annual Report of The Office of Citizen Complaints, an agency reporting to the San Francisco Police Commission. Adopted budget for the IPA, Office of the City Manager, Budget Director. City of Long Beach Citizen Police Complaint Commission Annual Report 2001. City of Sacramento Office of Police Accountability 2002 Year End Report. City of San Diego Citizen’s Review Board on Police Practices Annual Report 2002. IPA website: http://www.ci.san-jose.ca.us/ipa/home.html, including the following reports – • City of San Jose Office of the Independent Police Auditor 2003 Mid-Year Report; • City of San Jose Office of the Independent Police Auditor … Year End Report for the years 1994 to 2003; • A Student’s Guide to Police Practices. May 2000 IPA Newsletter. Office of Independent Police Auditor Brochure. Police shooting flowchart, SJPD. San Jose Mercury News, “Mending police, public relations,” April 28, 2004. San Jose Municipal Code 8.04 (Independent Police Auditor). San Jose Police Department Citizen Complaint and Commendation Procedures Brochure. San Jose Police Department Internal Affairs Unit Complaint Process flyer. San Jose Police Department Internal Affairs Unit Guidelines. Interviews Independent Police Auditor and Assistant Independent Police Auditor, January 15, 2004. Independent Police Auditor, October 3, 2003. Lieutenant, San Jose Police Department Internal Affairs Unit, September 24, 2003. San Jose City Council Member, December 12, 2003. San Jose City Council Member, December 18, 2003. San Jose Police Department Police Chief and Lieutenant, Internal Affairs Unit, March 1, 2004.
FI
The IPA reports contain valuable data, but only minimally satisfy the Municipal Code requirements to “include statistical analysis documenting the number of complaints sustained and the actions taken.” The reports could be made even more informative with changes and additions.
FII
The IPA reports commingle the details and statistics of Department Initiated Complaints and Citizen Initiated Complaints.
FIII
The IPA reports do not provide comparisons of the number of complaints filed against officers in comparable cities. 10
FIV
It is not clear in the IPA reports if complaints from multiple complainants, from multiple incidents, or multiple allegations are combined or treated separately.
FV
Review of citizens’ allegations of officer misconduct showed that many of the complainants were under the influence of alcohol or drugs, were mentally ill, or were being detained for serious violent felonies.
FVI
An allegation of excessive use of force is a serious charge. The number of such allegations is published in the IPA report but there is no clarification as to the eventual findings regarding the citizens’ allegations.
FVII
Several investigative reports were not completed by the IPA for more than several months, causing the subject officer and complainant uncertainty about the outcome.
FVIII
The Council has never requested a performance audit of the IPA function.

Recommendations 1

Conclusions 3