San Jose mayor proposes giving independent auditor power to investigate police department
SAN JOSE, Calif. - San Jose Mayor Sam Liccardo presented a memo on Tuesday to fellow councilmembers designed to increase the powers of the Independent Police Auditor.
The impetus of the action was the downtown San Jose protests in 2020, over the Minneapolis police killing of George Floyd. City officials believe this civil unrest was a flashpoint that could prompt permanent change here.
"We’re past the point where we can continue to believe Americans will assume the police will police themselves," said Liccardo.
He is asking council colleges to adopt changes that would allow the Independent Police Auditor to investigate some claims of police misconduct.
"I urge the council to take action presented to create a hybrid structure regarding investigations into alleged police misconduct," said Shivaun Nurre, the San Jose Independent Police Auditor. "Now, San Jose has an opportunity to make meaningful, necessary change."
Under the mayor’s proposal, the independent auditor's office would look into citizen complaints, but not cases related to criminal allegations or departmentally initiated investigations. Currently, the IPA reviews work done by police internal affairs.
In one instance that was investigated by a police auditor, the IPA disagreed with the use of a police dog on a suspect who was naked with hands raised.
Some city leaders site other municipalities, such as New York, Miami, Cincinnati, Atlanta, and Berkeley, have already taken this reform step.
"What’s being proposed here is a hybrid model. We’d be starting with a small investigative unit and allowing the council to see how it does," said Liccardo. Added Pastor Jason Reynolds of Emmanuel Baptist Church, "I think this is a step in the right direction. I think it will give even more leverage to community members who have felt wronged and they can go through the process right."
The president of the San Jose Police Officers Association is pushing back against what he sees as a violation of existing law.
"The mayor has got this completely wrong. this is a last-minute power play on his part as he tries to walk out the door," said Sean Pritchard
He promised legal action if the council moves to give the IPA investigatory powers.
"This is really not leadership. This is purely a play at becoming a dictator, " said Pritchard. Mayor Liccardo replied, "We’re not going to agree on everything. We have to agree to disagree sometimes."
The city council sent the mayor’s recommendation back to committee for further analysis.
Jesse Gary is a report based in the station's South Bay bureau. Follow him on Twitter @JesseKTVU and Instagram @jessegontv.