Police update policies after auditor review
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.”