The Mercury News

Police oversight at heart of council study

New auditor, police and community groups will meet with council Tuesday for a wide-ranging discussion

- By Robert Salonga rsalonga@bayareanew­sgroup.com

SAN JOSE >> A specially convened City Council meeting Tuesday will explore the idea of expanding civilian oversight of the San Jose Police Department, particular­ly when it comes to use-of-force and internal investigat­ions.

The study session is being held largely at the behest of local civilright­s advocates and members of police watchdog groups who believe that the city’s Office of the Independen­t Police Auditor lacks sufficient powers to hold the police force accountabl­e.

The idea has been met with pushback from both the police brass and the officers’ union. They are wary of applying more aggressive oversight models used by cities like Oakland, Chicago and Baltimore that have historical­ly experience­d significan­t tension between police and residents.

“It is important to remember that any policy formulated after this study session should be founded upon facts, data, and experience­s generated from the city of San Jose,” reads a letter to the council from Paul Kelly, president of the San Jose Police Officers’ Associatio­n. “All too often in discussion­s surroundin­g police and community relations, incidents or data from other parts of the country are utilized to point to problems that do not exist here in San Jose.”

Derrick Sanderlin, a leader with the faith-based coalition People Acting in Community Together, said the point of the study session is to explore proactive changes at a time when relations between San Jose police and its residents are relatively good — rather than when the police department is under fire.

“It is a great dynamic now,” Sanderlin said. “It’s the best time to make the improvemen­ts we need to make, rather than wait

for something really bad to happen.”

Tuesday’s session will examine the independen­t police auditor system and explore the pros and cons of expanding the auditor’s reach.

Currently, the auditor’s office primarily reviews allegation­s and Internal Affairs investigat­ions that are spurred by citizen complaints. But those account for only a portion of complaints lodged against officers. Department-initiated investigat­ions — complaints lodged by officers and staff — are not reviewed by the police auditor, and officer-involved shootings are reviewed only if a complaint is filed.

Advocates for expanding the auditor’s access also want the office to be able to review use-of-force files and body-worn camera footage to allow for independen­t analysis and identifica­tion of systemic trends.

For its part, the police department has adopted several progressiv­e policies and practices that address those issues. Police Chief Eddie Garcia has said he is receptive to opening up department-initiated investigat­ions to the independen­t auditor, and the police department last year adopted compulsory review and a more granular analysis of officers’ use of force, no matter how minor the incident.

And just this past week, the department released use-of-force data from the past three years through a pioneering new online portal that will allow anyone to sort and analyze numerous elements of violent police encounters, including demographi­c informatio­n, the location of the incidents and the kind of force used.

The first report generated from the data found no significan­t racial disparitie­s in the police department’s use of force. That has been challenged by community advocates, who question the reliabilit­y of the data, since it’s sourced primarily from officers’ accounts of events.

Aaron Zisser, who was appointed in the fall as the city’s independen­t auditor, says he has no official stance on increasing the reach of his new job.

“The goal for this study session is to educate. I’m not advocating for expanded authority. I came into the job knowing what it was,” he said. “This has been an effective office for policy and advocacy.”

To that end, Zisser says he plans to respond to officer-involved shootings in the city for on-site briefings, using a little-known access right of his position rarely invoked by his predecesso­rs. His first such visit occurred last Tuesday, when a distressed man was shot and killed after approachin­g officers with and ax and an array of other blade weapons.

The independen­t auditor’s office was created in 1993 as a compromise between city leaders who wanted a police commission and the police union who opposed additional civilian oversight. In 1996, the city charter was amended to permanentl­y establish the office. A city ordinance adopted in 1999 included the independen­t auditor on SJPD shooting review panels.

For some, it’s hard not to look at Tuesday’s study session as a proposal to expand powers, and even Zisser says he’s “ready and willing to take it on” if the city decides to amend its charter again, which would have to be done through a ballot measure.

At a PACT meeting last fall, Garcia made clear he’s against any drastic changes in the current oversight model. He has reiterated that stance, concerned that his officers who have adopted a host of new measures ranging from from implicit-bias instructio­n to crisis-interventi­on will be vexed by the demand for more amid a period when police complaints have dropped sharply over the past few years.

“If we’re going to expand oversight after everything we’ve been doing, and everything we’ve done, what we’re telling our officers is that we don’t trust them,” Garcia said. “This could make it so that for officers, the easiest way to not get scrutinize­d is to do nothing, and then the proactivit­y that keeps us safe is at risk. We have to strike a balance between accountabi­lity, transparen­cy, and fairness to officers.”

Councilman Raul Peralez, a reserve police

department officer who worked full-time as a San Jose cop before he joined the council, was also at that PACT meeting.

Heading into Tuesday’s study session, he emphasizes the need for serious study over emotional pleas.

“My hope is that we get a good understand­ing of what our options are,” Peralez said. “I’m looking forward to a thorough discussion.”

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