Report 2021-105 Recommendation 42 Responses

Report 2021-105: Law Enforcement Departments Have Not Adequately Guarded Against Biased Conduct (Release Date: April 2022)

Recommendation #42 To: San Bernardino Police Department

To ensure that it adequately investigates possible biased conduct and implements effective corrective actions, San Bernardino Police's policies should require that investigations include a formal determination that makes clear whether biased conduct occurred or not, as well as the rationale for reaching the determination.

1-Year Agency Response

The Department makes a formal determination in every internal investigation as to whether the allegation occurred or did not occur. The determination includes the supporting rationale. According to Senate Bill 2, law enforcement agencies must employ peace officers with current and valid Basic POST Certificates. Additionally, it requires that POST revoke certificates based on serious misconduct, including "Demonstrating bias on the basis of any legally protected status." If an officer is determined to have acted in a bias manner, the Department must report that action to POST.

California State Auditor's Assessment of 1-Year Status: Fully Implemented

San Bernardino provided excerpts from its Investigations Manual showing that it had added requirements to investigate potential policy violations including explicit and implicit bias regardless of the nature of the allegation, and that this be identified and documented in the findings.

6-Month Agency Response

The Department is reviewing this recommendation to determine the most appropriate response.

California State Auditor's Assessment of 6-Month Status: Pending

60-Day Agency Response

Administrative investigations will include a section that identifies whether biased behavior occurred and the rationale for that determination.

California State Auditor's Assessment of 60-Day Status: Pending

All Recommendations in 2021-105

Agency responses received are posted verbatim.