Report 2021-105 Recommendation 40 Responses
Report 2021-105: Law Enforcement Departments Have Not Adequately Guarded Against Biased Conduct (Release Date: April 2022)
Recommendation #40 To: San Bernardino Police Department
To ensure that it adequately investigates possible biased conduct and implements effective corrective actions, San Bernardino Police should ensure it has implemented policies or procedures by January 2023 that require that the individuals handling bias-related investigations follow detailed investigative guidelines for identifying biased conduct and be specifically trained in how to perform these assessments.
Annual Follow-Up Agency Response From September 2023
The Department added additional language to the Professional Standards Bureau Manual at the recommendation of the State Auditor. The new language requires all Professional Standards Investigators to attend the POST-accredited internal affairs investigator training. The POST curriculum includes training on identifying bias and determining underlying motivators for officer actions. Furthermore, the manual requires investigators to investigate for potential bias, whether implicit or explicit. Reviewers are directed to assess for bias as a motivator or passive existence during the incident.
- Completion Date: September 2023
California State Auditor's Assessment of Annual Follow-Up Status: Pending
San Bernardino Police did not provide documentation showing its new training requirement for internal affairs investigators. Additionally, it did not provide documentation of detailed investigative guidelines for identifying bias.
- Auditee did not substantiate its claim of full implementation
1-Year Agency Response
The San Bernardino Police Department policy states that bias will not be tolerated by any of its members. The Department sends all San Bernardino Police Department Professional Standards Investigators to POST accredited internal affairs investigator training. POST curriculum includes identifying bias and determining underlying motivators for officer action. These investigations are then thoroughly reviewed by both a supervisor and manager to ensure that misconduct has been identified and addressed. Furthermore, the Professional Standards Bureau Manual has been modified based on the above recommendation stating that investigators will inspect for all potential policy or legal violations to include the presence of bias whether implicit or explicit. Reviewers are directed to assess for bias as a motivator or passive existence during the incident.
- Completion Date: April 2023
- Response Date: April 2023
California State Auditor's Assessment of 1-Year Status: Partially Implemented
San Bernardino Police provided excerpts from its updated investigations manual. Although the manual requires the inspection and analysis of the presence of implicit or explicit bias, it does not contain detailed investigative guidelines for investigating bias or require that investigators be specifically trained on how to perform the assessments.
- Auditee did not substantiate its claim of full implementation
- Auditee did not address all aspects of the recommendation
6-Month Agency Response
The Department is reviewing this recommendation to determine the most appropriate response.
- Estimated Completion Date: April 2023
- Response Date: October 2022
California State Auditor's Assessment of 6-Month Status: Pending
60-Day Agency Response
The Department is researching best practices to develop this policy.
- Estimated Completion Date: January 2023
- Response Date: June 2022
California State Auditor's Assessment of 60-Day Status: Pending
All Recommendations in 2021-105
Agency responses received are posted verbatim.