Civilian oversight office for jails approved
Supervisors approve creation of independent board following the death of mentally ill inmate Tyree
SAN JOSE >> In the most significant reform sparked by the murder of mentally ill inmate Michael Tyree by three jail guards, Santa Clara County supervisors have approved civilian oversight of the scandalplagued jails run by Sheriff Laurie Smith.
A new ordinance, approved by the board Tuesday in a 4-0 vote, creates the county Office of Correction and Law Enforcement Monitoring and an accompanying community advisory board, aimed at increasing scrutiny of county law enforcement functions.
It also will provide residents and inmates a dedicated avenue for their grievances and concerns.
“Meaningful civilian monitoring is an essential component of the reform effort that has been under way for more than two years,” said board of supervisors President Joe Simitian, who spearheaded the office’s creation with Supervisor Cindy Chavez. “This is only the beginning.”
Last year, three correctional officers were convicted of second-degree murder after Tyree’s severely beaten body was discovered at the
Main Jail in 2015. The beating sparked outrage and protests, and prompted the county to appoint a blue-ribbon commission to evaluate the jails and recommend reforms. The commission faulted Smith and called for new leadership of the jails.
“The monitor will hold the sheriff and her staff accountable for their actions instead of allowing them to police themselves,” said retired Judge LaDoris Cordell, who chaired the commission. “It was this lack of oversight that led to a murder, beatings of inmates and unsafe conditions for both correctional officers and inmates.”
Smith took control of the jail facilities in a cost-cutting move about eight years ago from a previously separate county corrections department. Tyree’s death exposed a thuggish culture in the jails and was followed by several arrests, firings and embarrassing incidents, including multiple inmate escapes from jail or court.
Smith has supported many of the reforms called for by the commission, including civilian oversight of the jails. She rejected the call for new leadership and is running for a sixth term in June against five challengers.
“By the board creating oversight, they are taking much-needed steps to foster collaboration and increase trust between the community and the Sheriff’s Office,” Smith said in a statement.
Under the new ordinance, which is set to be formally adopted next month, the board will contract with an “independent entity,” which could be a person, a business or firm. The monitor will track and report back to the board about law enforcement operations and the use of force and other conditions in the jail, including solitary confinement and the sheriff’s response to public and inmate complaints.
The monitor also will keep tabs on mental and other health services offered in the jail, which inmate advocates say remain deficient, as well as make policy recommendations.
Chavez said the county is envisioning three- to fiveyear terms for the monitor, with any early termination requiring a four-fifths supermajority of the board.
“We have to have someone who feels confident in telling truth to power,” Chavez said. “We needed a way where they’re going to be protected, which is why that four-fifths number is so critical. It creates a safety net for a person to be an honest community broker for all sides.”
Simitian and Chavez initially proposed establishing the office through a charter amendment, which would have required voter approval. Under that model, the monitor would have been a county employee who reported directly to the board, similar to other board appointees, such as the county executive and public defender.
“I wanted our county to make this a long-standing commitment, so I thought embedding it in the charter was preferred,” Simitian said. “That being said, it’s 95 percent of what I hoped for.”
The charter amendment also would have opened up the field to more candidates, including city or county employees from anywhere in California who wanted to serve as the monitor without losing their government pension. But the board ultimately chose to go with the contractor model.
A search for the monitor will likely occur over the summer, a process that will include stakeholders’ input from the outset, Chavez said.
“The connection to the community is really critical. We need a relationship with the community all the time, not just when there’s an emergency,” Chavez said.
The new monitor will lack the authority to implement reforms but might take a cue from San Jose’s Office of the Independent Police Auditor, which was established 25 years ago.
Cordell was arguably San Jose’s most consequential IPA, deftly handling similar limitations with steady public and media outreach, which gave her policy proposals more political heft when she presented them to officials.
The advisory board will be composed of a nine-member committee made up of county residents, with each elected supervisor appointing a member, and the other four being nominated by the monitor.
The term for the members, who will be selected within six months to a year after the monitor is chosen, ultimately will be three years, though some will initially serve one- or twoyear terms to stagger the appointments. County officials will also take part as non-voting members under the terms of the ordinance.
“The biggest job for the (advisory) board is to make sure the community stays engaged with the public safety and justice system,” Chavez said.
Both the creation of the monitor and the community board were welcome news to Benee Vejar, whose experience with her husband’s incarceration spurred her to become a community organizer with the social-justice group Silicon Valley De-Bug.
“It’s just so touching and overwhelming. Finally,” Vejar said. “I was there to see someone you love get hurt and not be able to protect themselves. This is for everybody else now who’s going to be in (jail).”
Raj Jayadev, De-Bug’s director, said groups like his have to be on the ground floor in deciding who gets chosen as the monitor and who gets appointed to the citizens committee.
“Now there is an infrastructure of accountability. We’re anxious to delve into that,” he said. “We want to make it a model for the rest of the country. We have the opportunity here to create a whole new model to make sure the rights of people who are in custody are respected.”