Report 2021-105 Recommendation 49 Responses
Report 2021-105: Law Enforcement Departments Have Not Adequately Guarded Against Biased Conduct (Release Date: April 2022)
Recommendation #49 To: San Jose Police Department
To ensure that it adequately investigates possible biased conduct and implements effective corrective actions, San José Police should ensure it has implemented policies or procedures by January 2023 that require that misconduct investigations formally analyze whether an officer has acted in a biased manner whenever a complainant alleges bias, the facts of the incident indicate bias might have influenced an officer's behavior, or investigators recognize potential indications of bias during other reviews, such as use-of-force reviews.
Annual Follow-Up Agency Response From September 2023
The City of San José Policy Manual states, "Allegations of discrimination or harassment will be promptly and objectively investigated. The investigation will formally analyze whether an Officer has acted in a biased manner whenever a complaint alleges bias. The investigations findings will be based upon the totality of circumstances and each situation will be evaluated on a case-by-case basis." The Police Department abides by the City Policy Manual. The Department is in the process of developing policies and procedures as well.
- Estimated Completion Date: 12/2024
California State Auditor's Assessment of Annual Follow-Up Status: Pending
As we have noted previously, the policy that San Jose Police references does not contain requirements that it formally investigate whether an officer has engaged in biased conduct in his or her interactions with the public whenever investigators or other staff recognize potential indications of bias. We look forward to reviewing San Jose Police's new policies and procedures when they are complete and will assess this recommendation as fully implemented if they address all aspects of the recommendation.
1-Year Agency Response
The City of San José Policy Manual states, "Allegations of discrimination or harassment will be promptly and objectively investigated. The investigation and findings will be based upon the totality of circumstances and each situation will be evaluated on a case-by-case basis." The Police Department abides by the City Policy Manual.
- Completion Date: June 2022
- Response Date: April 2023
California State Auditor's Assessment of 1-Year Status: Pending
As we have noted previously, the policy that San Jose Police references does not contain requirements that it formally investigate whether an officer has engaged in biased conduct in his or her interactions with the public whenever investigators or other staff recognize potential indications of bias.
- Auditee did not substantiate its claim of full implementation
- Auditee did not address all aspects of the recommendation
6-Month Agency Response
The City of San José Policy Manual states, "Allegations of discrimination or harassment will be promptly and objectively investigated. The investigation and findings will be based upon the totality of circumstances and each situation will be evaluated on a case-by-case basis." The Police Department abides by the City Policy Manual.
- Completion Date: June 2022
- Response Date: October 2022
California State Auditor's Assessment of 6-Month Status: Pending
As we have noted previously, the policy that San Jose Police references does not contain requirements that it formally investigate whether an officer has engaged in biased conduct in his or her interactions with the public whenever investigators or other staff recognize potential indications of bias.
- Auditee did not address all aspects of the recommendation
60-Day Agency Response
This recommendation is completed. The City of San José Policy Manual states, "Allegations of discrimination or harassment will be promptly and objectively investigated. The investigation and findings will be based upon the totality of circumstances and each situation will be evaluated on a case-by-case basis."3 The Police Department abides by the City Policy Manual.
- Completion Date: March 2022
- Response Date: June 2022
California State Auditor's Assessment of 60-Day Status: Pending
As we state in the report, the policy that San Jose Police references is the city of San Jose's existing equal employment opportunity policy, which is focused on city employees' workplace interactions with other city employees. San Jose Police lacks a policy requiring it to formally investigate whether an officer has engaged in biased conduct in his or her interactions with the public whenever investigators or other staff recognize potential indications of bias. We will not consider this recommendation fully implemented until San Jose Police adopts such a policy.
- Auditee did not address all aspects of the recommendation
All Recommendations in 2021-105
Agency responses received are posted verbatim.