Report 2021-105 Recommendation 40 Responses

Report 2021-105: Law Enforcement Departments Have Not Adequately Guarded Against Biased Conduct (Release Date: April 2022)

Recommendation #40 To: San Bernardino Police Department

To ensure that it adequately investigates possible biased conduct and implements effective corrective actions, San Bernardino Police should ensure it has implemented policies or procedures by January 2023 that require that the individuals handling bias-related investigations follow detailed investigative guidelines for identifying biased conduct and be specifically trained in how to perform these assessments.

Annual Follow-Up Agency Response From September 2023

The Department added additional language to the Professional Standards Bureau Manual at the recommendation of the State Auditor. The new language requires all Professional Standards Investigators to attend the POST-accredited internal affairs investigator training. The POST curriculum includes training on identifying bias and determining underlying motivators for officer actions. Furthermore, the manual requires investigators to investigate for potential bias, whether implicit or explicit. Reviewers are directed to assess for bias as a motivator or passive existence during the incident.

California State Auditor's Assessment of Annual Follow-Up Status: Pending

San Bernardino Police did not provide documentation showing its new training requirement for internal affairs investigators. Additionally, it did not provide documentation of detailed investigative guidelines for identifying bias.


1-Year Agency Response

The San Bernardino Police Department policy states that bias will not be tolerated by any of its members. The Department sends all San Bernardino Police Department Professional Standards Investigators to POST accredited internal affairs investigator training. POST curriculum includes identifying bias and determining underlying motivators for officer action. These investigations are then thoroughly reviewed by both a supervisor and manager to ensure that misconduct has been identified and addressed. Furthermore, the Professional Standards Bureau Manual has been modified based on the above recommendation stating that investigators will inspect for all potential policy or legal violations to include the presence of bias whether implicit or explicit. Reviewers are directed to assess for bias as a motivator or passive existence during the incident.

California State Auditor's Assessment of 1-Year Status: Partially Implemented

San Bernardino Police provided excerpts from its updated investigations manual. Although the manual requires the inspection and analysis of the presence of implicit or explicit bias, it does not contain detailed investigative guidelines for investigating bias or require that investigators be specifically trained on how to perform the assessments.


6-Month Agency Response

The Department is reviewing this recommendation to determine the most appropriate response.

California State Auditor's Assessment of 6-Month Status: Pending


60-Day Agency Response

The Department is researching best practices to develop this policy.

California State Auditor's Assessment of 60-Day Status: Pending


All Recommendations in 2021-105

Agency responses received are posted verbatim.