Willow Glen Resident
News
San Jose reviews grand jury findings about complaints of racial profiling
By Monica Heger
The San Jose City City Council concluded a further study on racial profiling is needed after reviewing the findings released by the Santa Clara County civic grand jury. Council members are also asking for the study to include a comparison of San Jose to other cities.
The city council voted 9-0 on Aug. 9 to review the process by which individuals file racial profiling complaints with the independent police auditor. Mayor Ron Gonzales and Councilwoman Nancy Pyle were absent.
The grand jury found while the San Jose Police Department does not condone racial profiling, there have been instances of racial profiling and excessive police behavior.
Police Chief Rob Davis asserted the department does not engage in racial profiling.
"For a city of nearly a million people, to receive the number of complaints we did on racial profiling, we pale in comparison to other cities," Davis said.
The council agreed no major overhaul of the independent police auditor system was needed, but did want to compare its system with other cities.
"The subject of racial profiling has been out there since the day I walked in," said City Manager Les White. "Let's take a look at how we do business compared to others. I'm convinced that with some tweaking, we'll find that we do business damn well."
The council said the definition of racial profiling, articulating the difference between an inquiry and a complaint and reviewing the process by which inquiries and complaints are handled all require "tweaking."
The current definition of an inquiry is a complaint that's resolved to the satisfaction of the complainant. An inquiry becomes a complaint only if the individual filing it decides to pursue a formal investigation. Internal affairs reviews all complaints for legitimacy and then contacts the individual filing the compliant to see if he or she wants to pursue a formal investigation. If not, the complaint is re-filed as an inquiry and defined as being resolved to the satisfaction of the complainant.
Of the 335 complaints filed in 2004, 35.2 percent were eventually classified as inquiries because the individual did not pursue an investigation.
The grand jury was concerned complainants may have been unduly influenced into not pursuing an investigation.
The grand jury was also concerned that individuals must sign a form indicating they have been informed that it is a misdemeanor to file a false complaint against a police officer. Grand jury members questioned this process because that section of the penal code was recently held to be unconstitutional, as a violation of the First Amendment and equal protection clause. It is being appealed and the outcome may influence the requirement that the form be signed.
The independent police auditor was established in 1993 as a direct result of the Rodney King incident in Los Angeles and reports of racial profiling. It became a permanent city office in 1996, with an independent auditor appointed to a four-year term. The auditor has the responsibility of reviewing citizen complaints filed against police officers and reports all findings to the city council.
