TO: HONORABLE MAYOR
AND CITY COUNCIL
FROM: Councilmember Bien Doan
SUBJECT: 2024 Independent Police
Auditor Year End Report
DATE: June 13, 2025
Approved
Date:
RECOMMENDATION
Accept the 2024 Year End Report from the Office of the Independent Police Auditor (OIPA), with the following recommendations:
a. Reject recommendation #2 Expand OIPA Timely Access and Participation in Officer- Involved Shooting (OIS) Responses.
b. Reject recommendation #12 Expand OIPA Authority to Review All Use-of-Force incidents.
DISCUSSION
The City Council remains firmly committed to ensuring transparency, accountability, and public trust in law enforcement through robust civilian oversight. The Office of the Independent Police Auditor (OIPA) plays a vital role in reviewing internal police investigations and shaping policy through evidence-based recommendations. At the same time, it is essential to respect the operational boundaries that underpin effective policing practices within the San José Police Department (SJPD).
Under City Charter, the OIPA is responsible for oversight of administrative decisions and to make policy recommendations related to police conduct. Officer-Involved Shootings (OIS), however, are considered criminal investigations and are managed by law enforcement agencies, including the District Attorney’s Office. Active crime scenes should remain restricted to personnel who enforce the law. Introducing independent civilian oversight bodies within an active scene could compromise evidence integrity, witness statements, and overall investigative integrity. Current practice maintains jurisdictional boundaries while still allowing for OIPA oversight. The OIPA receives all related reports after three months of an incident, ensuring independent review without jeopardizing the active scene.
SJPD’s investigation of all Use of Force reports are categorized from Level 1 to Level 4. Level 1 involves the lowest level of force, typically involving verbal commands, de-escalation tactics, and minimal physical force, increasing at each stage to Level 4 which involves great bodily injury and deadly force. Under the current process, the OIPA has full access to Level 4 incidents, Level 3 incidents involving serious bodily injury, and Level 1 and 2 cases when raised through a COUNCIL AGENDA: 06/17/25
FILE: 25-539
ITEM: 4.1
HONORABLE MAYOR AND CITY COUNCIL
June 13, 2025
Subject: 2024 Independent Police Auditor Year End Report
civilian complaint. Civilians may report complaints involving any level of force, ranging from low-level physical contact to the most serious use of force, directly to the OIPA. Reports may be submitted by phone, text, email, or complaint form.
According to page 49 of the OIPA Report, complaints for all use of force cases initiated have decreased from 62 in 2020 to 33 in 2024, demonstrating SJPD’s multi-level supervisory review of all use of force cases is accessible and effective.
We cannot accept Recommendation 12, as the consequences of expanding OIPA access to include all Level 1 and 2—potentially hundreds of minor use-of-force incidents—would divert focus from more serious incidents where independent oversight has greater impact. Such an expansion would also need to be considered under a tight budget forecast in the coming years, as it would likely require additional staffing and resources, impacting funding for citywide services.
The current process appropriately balances accountability and efficiency.
By excluding the two recommendations—granting timely access and participation in OIS investigations and requiring review of all Use of Force reports—the Council reaffirms its support for meaningful and balanced oversight, while preserving the integrity of criminal investigations and ensuring the efficient use of public resources. The current oversight framework already provides the OIPA with significant access to serious incidents, including those involving serious injury or death, and ensures the OIPA is involved in cases initiated through civilian complaint.
The Council encourages continued collaboration between the OIPA, the Police Department, and the community to enhance accountability in ways that are both fiscally and operationally responsible.