Report 2021-105 Recommendation 51 Responses

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

Recommendation #51 To: San Jose Police Department

To ensure that it adequately investigates possible biased conduct and implements effective corrective actions, San José 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 is continuing to train all Internal Affairs personnel in investigating bias-related allegations. The Department will develop investigative guidelines for identifying biased conduct, and require all Internal Affairs investigators follow those guidelines. The Department recently had IA investigators attended a POST accredited course called "Why did you stop me?" This course deals with a variety of topics related to bias-based policing.

The expected completion date is unable to be determined at this time. The Department will continue to evaluate its ability to implement this recommendation in its annual report to City Council on pending recommendations.

California State Auditor's Assessment of Annual Follow-Up Status: Pending

1-Year Agency Response

The Department will train all Internal Affairs personnel in investigating bias-related allegations. The Department will develop investigative guidelines for identifying biased conduct, and require all Internal Affairs investigators follow those guidelines. The Department recently had IA investigators attended a POST accredited course called "Why did you stop me?". This course deals with a variety of topics related to bias-based policing.

The expected completion date is unable to be determined at this time. The Department will continue to evaluate its ability to implement this recommendation in its annual report to City Council on pending recommendations.

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

6-Month Agency Response

The Department will train all Internal Affairs personnel in investigating bias-related allegations. The Department will develop investigative guidelines for identifying biased conduct, and require all Internal Affairs investigators follow those guidelines.

The expected completion date is unable to be determined at this time. The Department will need to identify the appropriate training for investigating bias-related allegations, secure ongoing funding to send all 16 investigators to the training, and schedule the training in a manner that does not affect the functioning of the unit. The Department will continue to evaluate its ability to implement this recommendation in its annual report to City Council on pending recommendations.

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

60-Day Agency Response

The Department will train all Internal Affairs personnel in investigating bias-related allegations. The Department will develop investigative guidelines for identifying biased conduct, and require all Internal Affairs investigators follow those guidelines.

The expected completion date is unable to be determined at this time. The Department will need to identify the appropriate training for investigating bias-related allegations, secure ongoing funding to send all 16 investigators to the training and schedule the training in a manner that does not affect the functioning of the unit. The Department will continue to evaluate its ability to implement this recommendation in its annual report to City Council on pending recommendations.

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

All Recommendations in 2021-105

Agency responses received are posted verbatim.