Independent Police Auditor Review

Question 1

As of 2016, __________ of the SJPD force had _________ or more years of experience. This contrasts with
the relatively small proportion of officers with
less than five years on the job.

Answer 1

50%

16

Question 2

Allegations Received by Subject Officers in 2016, By Years of Experience.
The 5 to 6 year group is only _______ of the SJPD
due to a hiring freeze during the last recession

Answer 2

1%

Question 3

(those with more than 16

years) were never over-represented in any one
category. For example, that ______ group were the subjects of 47% of Courtesy allegations, 47% of CUBO allegations, 44% of Procedure allegations and 43% of Bias-Based Policing allegations.

Answer 3

50%

Question 4

In 2016, the Department investigated and
closed ______ conduct complaints containing 772 allegations. Of these allegations, the
Department closed ________ (5%) with findings
of Sustained.

Answer 4

275

37

Question 5

The mission of the Office of the Independent Police Auditor is four-fold: (1) to provide independent oversight of and instill confidence in the complaint process through objective review of police _________ investigations;
(2) to conduct _________ to the San José community; (3) to propose thoughtful policy recommendations to the San José Police Department; and (4) to _________ the relationship between the San José Police Department and the community it serves.

Answer 5

Misconduct
Outreach
Strengthen

Question 6

City Council to appoint the police auditor to serve _______ year terms and established that the midterm removal of the police auditor requires a vote of approval of at least _______ of the eleven City Council members

Answer 6

4

10

Question 7

The San José Municipal Code requires that the IPA prepare an annual report. The Municipal Code further specifies that the report provide:
(1) a ________ analysis of complaints, 2) an analysis of trends and patterns, and (3)policy ___________.

Answer 7

Statistical

Recommendations

Question 8

Complaints Received Dipped.
The number of officer __________ complaints has decreased steadily since 2013. In 2015, 303 complaints were received; in 2016, that number dropped to ________. This was a four percent (4%) decrease in the number of complaints and concerns received compared to 2015, and the lowest number of complaints received in five years .

Answer 8

Misconduct

292

Question 9

Lesser Experienced Officers Receive Disproportionally More Complaints.
The most experienced officers – those with 16 or more years of service – comprise 50% of the SJPD; they accounted for 42% of the complaints received in 2016 and 28% of all Force allegations. On the other hand, the least experienced officers – those less than ________ years of experience – makeup _______ of the Department but accounted for 30% of conduct complaints and 35% of Force allegations.

Answer 9

5

21%

Question 10

Although the number of complaints dipped from 2015 to 2016, the allegations identified in those complaints _________ from 688 allegations in 2015 to ________ in 2016.

Answer 10

Increased

742

Question 11

In 2015 and 2016, the number of Bias-Based Policing allegations received was the same – _______ allegations

Answer 11

50

Question 12

• Summaries of Audited Cases

Internal Affairs closed 305 cases in 2016. IPA staff audited ______ or 277 of these cases.

Answer 12

91%

Question 13

We close our audits in one of four ways: Agreed at First Review, Agreed After _______, Close with _________, and Disagreed

Answer 13

Further

Concerns

Question 14

In 2016, _________ of complainants brought their complaints and concerns directly to the IPA office, while the remaining ________ contacted IA. However, the percentage of persons who initiated their complaints with the IPA office instead of with the Internal Affairs (IA) Unit jumped from 39% in 2015 to 54% in 2016.

Answer 14

54%

46%

Question 15

• Mediation
Both the Internal Affairs Unit and the Office of the IPA must agree that mediation is appropriate and the complainant must be willing to withdraw the complaint. ________ mediations were conducted in 2016

Answer 15

2

Question 16

The Intervention Counseling Program is used as an “early ________ system” to track police officers with significant complaint histories for the purpose of identifying potential problems and providing guidance.

Answer 16

Warning

Question 17

To receive intervention counseling, the subject officers must have received the following:
• ________ or more Conduct Complaints and/or Department- Initiated complaints within a twelve-month period.
• ________ or more Conduct Complaints and/or Department-Initiated complaints containing the same allegation within a twelve-month period.
• “Unfounded” cases are excluded

Answer 17

5

3

Question 18

During intervention counseling, the subject officers meet with the ________ _________ of their assigned Bureau, the IA Unit Commander, and their immediate supervisor for an informal counseling session. This session involves a review of the complaints against the subject officer, whether sustained or not, in an attempt to assist the officer with identifying potential deficiencies. ______ formal record is made of the substance of this counseling session.

Answer 18

Deputy chief

No

Question 19

A. Officers Receiving Multiple Complaints
Twenty officers received three or more complaints

It is interesting that the plurality of officers with three or more complaints had sixteen or more years of experience with SJPD

Answer 19

Delete later

Question 20

• _________ of the complainants in 2016 self-identified as Caucasian. Caucasians represent ________ of the population of SanJosé

Answer 20

17%

29%

Question 21

• _________ percent of the complainants in 2016 self-identified as Hispanic/Latino. Hispanics/Latinos represent _________ of the population of San José

Answer 21

29%

33%

Question 22

The data reveal that the number of subject officers who identify with a specific ethnicity continues to closely mirror the representation of ethnicities of the Department.

*Caucasian officers are _______ of the Department and were subject officers in 51% of complaints.
• Hispanic/Latino officers are _______ of the Department and were subject officers in 25% of complaints.
• African American officers are ________ of the Department and were subject officers in 3% of complaints.
• Asian American/Pacific Islander officers are
_________ of the Department and were subject Officers in 13% of complaints

Answer 22

52%

24%

4%

12%

Question 23

Complaints fall into five classifications: Conduct Complaints, ________ Complaints, _______-_________ Concerns, __________ to Investigate, and Other

Answer 23

Policy

Non-misconduct

Decline

Question 24

In 2016, a total of 742 allegations were identified in the ________ conduct complaints received.
Although the number of complaints decreased, the number of discrete allegations identified in each case increased

Answer 24

276

Question 25

Procedure allegations continue to be the most common allegation in Conduct Complaints over the past five years.In 2015, 251 Procedure allegations were filed - a 19% decrease from the 308 Procedure allegations filed in 2014. However, in 2016, the number of _______ allegations (________) rose to almost equal the number of Procedure allegations filed in 2014. Neglect of Duty allegations increased from zero in 2015 to 11 in 2016. Arrest or Detention allegations increased by 12% within the last year, but by 52% over the past five years, increasing from 67 in 2012 to 102 in 2016. Search or Seizure allegations decreased by 24% in 2016.

Answer 25

Procedure

307

Question 26

Only _______ complaint received in 2016 was classified as a _________ Complaint

Answer 26

1

Policy

Question 27

_______-_________ _______ (NMC) are complaints that do not rise to the level of a violation of policy, procedure, or law that could result in officer discipline.

When the case is classified as an NMC, the subject officer’s supervisor addresses the matter with the officer.
After the supervisor confirms to IA that the subject officer has been spoken to, the officer’s name and allegations are removed.

Answer 27

Non-misconduct concern

Question 28

After intake and classification, IA is solely responsible for investigating all ________ Complaints. The IPA office does _______ investigate complaints.

Answer 28

Conduct

Not

Question 29

IA must notify the IPA of officer interviews for ________ of complaints received at the IPA office and all complaints with allegations of Force or Conduct Unbecoming an Officer. Only the IPA and the Assistant IPA are authorized to __________ officer interviews.

Answer 29

All

Attend

Question 30

. Findings are based on an objective analysis using the “preponderance of the _______” standard.

Answer 30

Evidence

Question 31

Allegations were closed as _______ when SJPD declined to investigate because of a delay of years from the date of the incident to the date of filing or because the officer who allegedly engaged in the misconduct was employed by another law enforcement agency, and not by SJPD.

Answer 31

Other

Question 32

• 50 allegations (6%) were closed as Other in 2016

Answer 32

50

Question 33

In 2016, 284 officers were named in Conduct Complaints – ________ of all SJPD officers. Of these officers, most (______ or 70% of subject officers) received only one complaint.

Answer 33

31%

200

Question 34

The number of total officers receiving complaints has _________ over the last five years from 216 in 2012 to _______ in 2016. Pat Intel

Answer 34

Increased

284

Question 35

The officers with 5-6 years of experience received no complaints, however, they comprised just ________ of the Department

Answer 35

1%

Question 36

There were ________ cases with serious discipline. One officer was suspended for 20 hours and another officer was suspended for 80 hours

Answer 36

Two

Question 37

Of the ________ officers who received sustained findings in 2016, ________ of them had 16 or more years of experience.This
means that 48% of the officers with proven misconduct were the most experienced ones on the force.

Answer 37

31

15

Question 38

There were just ________ sustained findings for Force allegations, one in 2014 and _______ in 2016. In 2015, IA sustained the first ever Bias-Based Policing allegation.

Answer 38

2

1

Question 39

Over the last five years, discipline was imposed on _________ officers. Discipline has ranged from the relatively minor—training and/or counseling, to the severe—suspension and termination

Answer 39

115

Question 40

When it comes to public perceptions about policing, the use of ________ generates the most controversy

Answer 40

Force

Question 41

The IPA does _______ have the ___________ to review Department use of force when no complaint has been filed. This is the case even when the use of force is serious and results in loss of consciousness, broken bones, hospitalization or death.

Answer 41

Not

Authority

Question 42

The annual number of Force allegations in complaints is always higher than the annual number of Force Complaints because one complaint can have _______ than one Force allegation

Answer 42

More

Question 43

__________ of the 37 sustained findings in 2016 (_____) were for Procedure violations of the Duty Manual. The remaining five sustained findings were for misconduct related to Courtesy (2), CUBO (1), Search/Seizure (1), and Force (1). Pats Intel

Answer 43

32

86%

Question 44

______ ________ was the type of force most frequently alleged in Force Complaints that were closed in 2016. The next most frequently alleged type of force was body weapons. The use of takedowns and batons were, respectively, next in order.

Answer 44

Control holds

Question 45

The largest source of complaints came from incidents that resulted in the least significant injuries , Level III, accounting for _________ of complaints

Answer 45

39%

Question 46

The Internal Affairs Unit Commander will convene the Officer-Involved Incident Training Review Panel within _______ days of the incident to determine and recommend any training that should be provided from what is learned about the incident. This meeting shall occur even though the District Attorney’s Office has not issued its final report. Since the City Attorney participates in the OIS Training Review Panel, these sessions are subject to the attorney-client privilege and thus the discussions are confidential. Pobor

Answer 46

90

Question 47

Officer-Involved Shooting Incident Where a Public Complaint is _________ can IPA attend interviews of witnesses and any subject officers conducted by IA during the Department’s investigation of whether the force was in policy

Answer 47

Filed

Question 48

The San José Police Department had ________ officer-involved shootings incidents (OIS) in 2016. This is a significant decrease from _______ incidents that occurred in 2015. Two of
the shootings in 2016 were fatal, two were hit-shootings resulting in injury, and in one incident the suspect was not struck.

Answer 48

5

12

Question 49

In our last Year End Report, we wrote: Recently, the Ruderman Family Foundation published a study where it concluded that “it is safe to say that a third to a half of all use-of-force incidents involve a _______ _________. “

Answer 49

Disabled civilian

Question 50

In 2016, Mr. Katz produced two policy briefs on particularly urgent issues: (1) ________ strikes with impact weapons and (2) positional asphyxiation

Answer 50

Head

Question 51

Recommendation:
The SJPD Duty Manual should be amended to place an affirmative duty on personnel to report any allegation of unreasonable force to a supervisor. The supervisor, in turn, should be __________ to report the allegation to Internal Affairs.

Answer 51

Obligated

Question 52

Recommendation:
Review SJPD training and policy to determine whether the risks of a broad __________ parking policy outweigh the benefits and determine appropriate policy as a result of the review. Additional training requirements should also be considered.

Answer 52

Tactical

Question 53

Recommendation:
The SJPD should consult with other agencies, researchers and organizations which have expertise in CIT to ___________ a data collection/program evaluation process.
Such collection and evaluation should be ongoing to continuously assess the effectiveness of CIT implementation.

Answer 53

Develope

Question 54

6A. The SJPD should identify which officers regularly work on school campuses and provide additional training forthatgroup. The training should include these components (a) development of the adolescent brain27 (b) trauma-informed approaches to interacting with students going through temporary crisi,28 and (c) additional training in Crisis Intervention Training for Youth with appropriate measurement of its effectiveness.
6B. The SJPD and the school liaison office should collect and maintain data on contacts/detentions, actions taken and outcomes, use of force, citations issued and arrests made by school campus officers.
6C. IPA contact information and complaint forms should be available at each campus that has SJPD officers assigned to the school.
6D. Any MOU with school districts should include provisions that the receipt of any complaints by school staff about officer conduct should be forwarded to the School Liaison Officer (SLO) program supervisor. The School Liaison Officer, IA
or the IPA will provide such complaints to the other two entities upon receipt.
6E. SJPD policy should mandate that handcuffing and arrests of students on campus should take place in a private setting if reasonably possible.
6F. That SJPD, relevant school districts, and the City of San José should consider creation of an expanded SLO program wherein dedicated officers are assigned to one or more school campuses as their primary responsibility rather than as secondary employment.

Answer 54

information only

Question 55

It appears that of the thousands of use of force incidents that took place between 2010 and 2015, not once did a SJPDsupervisor
or executive believe that a use of force was questionable enough to justify opening an investigation. In 2016, _______ DII use of force was opened, but that incident was unique because of the presence of surveillance camera footage

Answer 55

One

Question 56

The IPA audit focuses narrowly on whether that investigation and analysis was _______, thorough, complete and objective.

Answer 56

Fair

Question 57

Effective community _________ Is a core function of the Office of the Independent Police Auditor (IPA

Answer 57

Outreach

Question 58

We participated in ________ outreach activities and reached 7799 members of the public in 2016.

Answer 58

129

Question 59

The overwhelming majority of the responders, _______, rated the IPA presentations as good or excellent

Answer 59

98%

Question 60

The Independent Police Auditor Advisory Council (IPAAC)46was established in ________. The group has two functions: (1) promote community awareness of the services offered by the IPA office, and (2) advise the IPA office about police-related issues and concerns that arise in San José. The support, advice, and insights offered by the IPAAC are integral to the success of the IPA

Answer 60

1999

Question 61

3. The police auditor may attend the police professional standards and conduct unit interview of any witness including, but not limited to, police officers. The police auditor shall _______ directly participate in the questioning of any such witness but ______ suggest questions to the police professional standards and conduct unit interviewer.

Answer 61

Not

May

Question 62

Policy Recommendations Regarding Head Strikes with Impact Weapons and Other Potential Serious Head Injuries
Current SJPD policy does not restrict use of impact weapon head strikes to deadly force. In addition, there are no policies in place that require an extensive Department review of impact weapon head strikes and other uses of force which can cause serious head injuries or hospital admissions. An absence of such policy puts the public, officers and the City of San José at significant risk. Policy recommendations include the restriction of head strikes with impact weapons to only circumstances where deadly force is justified, the requirement that such use of force be investigated by the Internal AffairsUnit,
and mandatory notification up the chain of command to at least the Deputy Chief level.

Answer 62

info

Question 63

Policy Recommendations Regarding Prolonged Prone Restraint and Excited Delirium Risks
The San José Police Department Duty Manual is largely silent regarding the risk of cardiac arrest, sudden cardiac death, or other medical complications that arise from the prolonged restraint of suspects in a prone position. Such risk is heightened in certain positions, such as when legs are bent upwards while the suspect is lying prone. Medical and police literature have identified a further risk from the phenomenon of “excited delirium,”wherein a person is in a state of agitation, aggression, or acute distress followed by sudden death, typically from cardiopulmonary arrest. While the interrelationship between these factors, as well as intoxication, is not fully understood in the medical field, our review of other law enforcement agency policies shows a recognition that explicit policies are necessary so that officers are under a clear mandate that suspects should be moved out of a restrained prone position as quickly as reasonable and that suspects must be continuously monitored in certain situations until professional medical providers take over care. Because the risk of severe injury or death is high, the IPA recommends urgent action by the SJPD.1

Answer 63

info

Question 64

_________ of the complainants in 2016 self-identified as African American. African Americans represent ______ of the population of San José.

Answer 64

10 %

3%

Question 65

________ of the complainants in 2016 self-identified as Asian American/Pacific Islanders. Asian American/Pacific Islanders represent _______ of the population of San José.

Answer 65

10%

32%