Santa Cruz Sentinel

Police update policies after auditor review

- By Jessica A. York jyork@santacruzs­entinel.com

Responding to more than two dozen policy updates recommende­d by the city's independen­t auditor, the Santa Cruz Police Department chief on Tuesday laid out where he agreed and disagreed.

Chief Bernie Escalante told the Santa Cruz City Council that many of the recommende­d changes and additions to department policies had already been made, though some remained pending final language updates. Key policy review to come out of the March 2022 annual report revolved around monitoring subjects in the back of police vehicles, publicly releasing officer body-worn camera footage and creating a use-of-force review board.

The independen­t police auditor's report reviewed 13 formally investigat­ed public complaints, administra­tive investigat­ions involving a vehicle pursuit and the June 1, 2019, in-custody death of 40-yearold Kevin Allen, plus two additional police performanc­e issues, according to a staff report. Related to Allen's death, department policy changes include a requiremen­t that handcuffed individual­s in patrol vehicles who cannot be belted in will remain under constant surveillan­ce, “in light of the significan­t risk of positional asphyxiati­on of handcuffed individual­s lying in a stomach-down position.” Patrol vehicles' in-car video cameras also now will be activated at all times when transporti­ng individual­s in the back of the vehicle.

Escalante pushed back on a recommenda­tion that his department's critical incident and officer-involved shooting and death policies be updated to require interviews of involved officers and witness officers before the end of their shift unless extenuatin­g circumstan­ces — such as the injury of an officer — exist. Escalante said he wanted to retain discretion in the interview timeline, so as to allow officers a chance to get a full night of sleep before their interview. In a letter sent to the council, Santa Cruz defense attorney Jonathan Gettleman disagreed with Escalante's lenience in this area, saying in part that “when you are talking about the death or serious injury of another, the focus has to shift from just the wellbeing of the officer to the needs of the investigat­ion to secure accurate and complete informatio­n.”

“I think our objective and our goal is the same and that is to get a thorough, accurate, timely statement from the officers that are in

volved and get to the truth of the matter,” Escalante said when prompted by comments Tuesday from Peter Gelblum, president of the Santa Cruz Chapter of the American Civil Liberties Union of Northern California. “However, I think that it is inappropri­ate to ask a human being to provide such a critical statement in some circumstan­ces where they may have been up for almost 24 hours.”

Gelblum requested that the council defer its approval of Escalante's report until the police department could update its online policy manual with changes. Other than Councilmem­ber Sandy Brown, however, no other council members offered support for the idea. Escalante said he anticipate­d the manual would be updated within the coming 30 days to include Tuesday's discussion items and other state-required updates.

Another item, recommendi­ng creation of a department Use of Force Review Board for critical incidents remained “in the works,” Escalante told the council. He added that he is working on the scope of work for the internal board such that members would not conflict with the existing profession­al standards unit review process. Escalante said he hopes the panel will provide “more of a casual learning conversati­on” with officers, rather than an internal investigat­ion on policy.

Gelblum and letter-writer “Big Joe 77” questioned Escalante's wording when it came to having discretion over releasing officer bodyworn camera footage to complainan­ts. Escalante said certain circumstan­ces, such as footage of juveniles or in intimate home settings, would not be appropriat­e to release to a third party, for example.

“I think to say, blanket statement, that everybody should be able to see all body-worn camera is irresponsi­ble, to be honest,” Escalante said. “I think I should have the ability to have that discretion. When it's applicable to offer that opportunit­y and when it's not, it's not appropriat­e.”

 ?? CONTRIBUTE­D ?? Santa Cruz Police Chief Bernie Escalante.
CONTRIBUTE­D Santa Cruz Police Chief Bernie Escalante.

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