(d)4. Response to the Investigations of Police
Misconduct in San José Report by Moeel, Lah,
Fakhoury, LLP
Public Safety, Financial, and Strategic Support Committee Lee Wilcox, Assistant City Manager
Karyn Sinunu-Towery, Acting Independent Police Auditor
October 19, 2023
1. MLF Report
3 Project History
August 18, 2020
City Council Meeting
City Council directed staff to “provide the City Council with specific recommendations for how the IPA would take over investigations of police misconduct from SJPD’s internal affairs.”
December 13, 2022
City Council Meeting
June 2022
November 2022
• City Manager and Independent Police Auditor (IPA) bring forward final report to City Council.
• City Council directed staff to return to PSFSS with analysis of the MLF report and provide an implementation work plan.
MLF completes report transmitting recommendations.
Staff contracts with Moeel, Lah, Fakhoury LLP (MLF) to
develop recommendations as directed by Council.
March 16, 2021
City Council Meeting
The City Manager and the IPA brought forward and the City Council approved a work plan to procure a consultant to develop recommendations pursuant to Council direction.
Procurement Process
4 MLF Report Analysis
Internal Affairs
Model
Investigations of alleged
misconduct are conducted by
sworn law enforcement
personnel.
Civilian Oversight
Investigations Model
Investigations of alleged
misconduct are conducted by
professional civilian investigators
who are independent of the
Police Department.
Hybrid Model
Some investigations are
completed by law enforcement
personnel and other
investigations are completed by
professional civilian investigators
who are independent of the Police
Department.
MLF’s
Recommendation
San José’s Current
Model
MLF analyzed three oversight models.
5 Hybrid Model Overview
San José’s Current Model Hybrid Model
Internal
Affairs Role
Internal Affairs conducts investigations into
police misconduct.
Internal Affairs would continue to conduct
investigations into police misconduct.
IPA Role
The IPA audits Internal Affairs investigations to
determine whether they are complete,
thorough, objective, and fair, but does not
conduct their own investigations. As part of
this role, the IPA is allowed to: (1) give input
regarding the allegations to be investigated;
(2) participate in all investigative interviews;
and (3) request additional witnesses to be
interviewed.
The IPA’s role would expand to include
investigation. The IPA would retain the ability to
audit investigations conducted by Internal Affairs
but would take on the additional responsibility of
conducting their own investigations, independent
of Internal Affairs, for some portion of
misconduct complaints. To perform this work,
the report recommends adding three new
investigator positions within the IPA’s Office, one
of which would be an investigative supervisor.
6 Hybrid Model Implementation Work plan
Task Description Estimated Timeframe
Meet and Confer
Process
Before commencing implementation of the Hybrid Model, the City would need to complete the meet and confer process.
7 – 12 Months
Budget Analysis and
Action
Upon completion of the meet and confer process, staff would return to the City Council with proposed budget actions to implement the resulting oversight model.
After Meet and
Confer is Complete
Definition of Policies
and Procedures
Prior to implementation of the MLF Hybrid Model, the IPA and the Department would come to agreement on standard operating procedures.
3 Months
Report to PSFSS The City Manager and the IPA would provide a joint report to the PSFSS Committee on the implementation plan.
1 Month
Hiring Investigative
Staff
The IPA would hire and train investigative staff and secure larger office space
5 Months
Commence
Implementation
Both the IPA and IA would commence implementation of the MLF Hybrid Model.
Workplan Complete
7 2. Policy Alternatives
8 Policy Alternative: Process Improvements
Title Description May be Meet
and Confer
Status
IPA Document Access Give the IPA unfettered access to any document related to an incident that is being investigated. No Complete Policies, Procedures
and Timelines
To ensure close coordination between the IPA and IA,
both parties would strive to agree on standard
operating procedures--including process timelines,
guidelines for determining allegations, and required
staff training--and memorialize those procedures in
the IA Duty Manual and through the creation of an IPA
procedure manual.
No Pending
Turnover in IA To address turnover in IA, set a minimum term of two years for IA officers, sergeants, and lieutenants. Yes Pending Outreach Schedule regular community outreach on the topic of police oversight. No Pending
9 Policy Alternative: Increased IPA Staffing
Current IPA Staffing
Total of 7 staff members,
including:
• The IPA
• 1 Assistant IPA
• 2 Senior Analysts
• 2 Analyst I/II
• 1 Office Specialist
Option for Increased IPA
Staffing
Add one additional Analyst I/II position
for an estimated cost of $160,000.
If an Analyst I/II position was added, it would
increase capacity for functions currently within the
scope of the IPA’s Office. In particular, it would
increase capacity for interviews and other auditing
functions, as well as freeing up existing staff
capacity to conduct community outreach.
10 Policy Alternative: Increased OER Staffing
Current OER Role
One of OER’s core missions is to
investigate allegations of misconduct
against City employees. In this
capacity, OER already takes
responsibility for a limited number
of misconduct investigations of
sworn police personnel.
Option for Increased OER
Staffing
Add two additional staff within OER for an
estimated cost of $600,000.
With these additional staff, OER could take on a
greater role in Police Department investigations into
alleged misconduct. OER would focus on violations
of the City Administrative Policy Manual, or other
investigations deemed appropriate by the City
Manager, Director of Employee Relations, or the
Chief of Police.
11 Potential Next Steps
Pursue Hybrid Model
Hybrid Model
Policy Alternatives
Implement Process Improvements
Increase IPA Staffing
Increase OER Staffing
Council may direct the City Manager and the IPA to
commence the meet and confer process with SJPOA.
Council Action
Council may direct the City Manager and IPA to
implement the process improvements.
Council may give direction to prioritize the
additional funding needed to increase staffing
through their approval of the Mayor’s March Budget
Message for Fiscal Year 2024-2025.
(d)4. Response to the Investigations of Police
Misconduct in San José Report by Moeel, Lay,
Fakhoury, LLP
Public Safety, Financial, and Strategic Support Committee Lee Wilcox, Assistant City Manager
Karyn Sinunu-Towery, Acting Independent Police Auditor
October 19, 2023