CRITICAL RESPONSE TECHNICAL ASSESSMENT REVIEW. Police Accountability—Findings and National Implications of an Assessment of the San Diego Police Department Comprehensive approach One of the primary lessons learned from this review is that the instances of misconduct were not enabled by any one single problem. Instead, these incidents occurred as the result of a number of issues that were left unaddressed and that indirectly contributed to misconduct—in particular, a lack of effective supervision. These issues resulted in a series of significant and ongoing incidents of misconduct by a handful of officers. The solution lies in a comprehensive approach in which various SDPD systems and policies are revised with an eye toward preventing misconduct. The national implications are that these types of misconduct incidents could occur in any police department where supervision is lacking or ineffective and where there are gaps in policies, practices, and systems designed to ensure department accountability and officer integrity. Police agencies across the nation can read this report and ask themselves whether they have similar problems and can learn from the experience in San Diego. Update—implementation of recommendations has begun. While this has been a critical assessment of the SDPD, the COPS Office, and PERF, many within San Diego’s diverse communities have appreciated the willingness of SDPD leaders to open up the department to outside review in efforts to improve its systems and ensure these types of incidents do not occur again. PERF received full cooperation and assistance in this review from the department and the community. Since the beginning of this assessment, PERF has been advising the SDPD about its findings as they emerged from the review. The SDPD has already begun implementation efforts in many of the areas recommended in this report, including the development of a policy that strengthens the recruitment and background check processes, a directive eliminating the Public Service Inquiry process, the implementation of a truly randomized drug testing cycle, and the development of PowerPoint presentations for cultural sensitivity awareness when interacting with San Diego’s Muslim and transgendered communities. Under the leadership of Chief Xxxxxxxxx, the SDPD has also committed to providing transparency in depart- ment operations and decision making that the community has requested. The SDPD piloted a program of video recording with body-worn cameras for officers in 2014, which supports the goal...
CRITICAL RESPONSE TECHNICAL ASSESSMENT REVIEW. Police Accountability—Findings and National Implications of an Assessment of the San Diego Police Department Supervision and leadership As discussed in this report, police leaders are ultimately responsible for ensuring that effective policy, training, and supervision are in place to prevent officer misconduct. Perhaps the most important lesson learned from this assessment is that the failure of the department’s leaders to adequately address smaller problems led to much larger issues—especially in the area of first-line supervision. Years of budget cuts caused staffing shortages in all areas of the department, especially for first-line patrol supervisors. Many of the misconduct cases reviewed demonstrated a lack of adequate first-line supervision in the department. At least one of the officers under review moved his shift time around every few months, presumably to avoid supervisors observing patterns of questionable behavior. A few veterans with the department who could have bid any shift (because of their seniority) specifically sought shift times when supervisors are extremely busy and have less time to check in with their subordinates. In many of the reviewed cases, officers were acting inappropriately but not criminally. In these instances, supervisors were not engaged with the behaviors and actions of their subordinates. Had there been regular dialogue and interaction in the field, these supervisors may have been able to intervene before these behaviors escalated to misconduct. Accountability The case review process also uncovered some challenges with the department’s accountability systems. A few of the individuals whose misconduct cases were reviewed exhibited signs of personal distress prior to their offenses. Some of these individuals should have been identified by the SDPD’s early identification and interven- tion system (EIIS) program and should have experienced some type of supervisory intervention. In addition, there was inconsistency in the discipline that was administered in the reviewed cases. Some em- ployees were given little more than a written reprimand for troubling behaviors, while others were suspended without pay for an extended period of time for similar offenses.20 Recruiting and hiring While many of these cases might have been prevented with stronger supervision and more consistent and accurate accountability systems, others might have been prevented at the hiring phase. There were a handful of employees who demonstrated probl...
CRITICAL RESPONSE TECHNICAL ASSESSMENT REVIEW. Police Accountability—Findings and National Implications of an Assessment of the San Diego Police Department Chapter 3 . Community Perspectives and Outreach 20 Community comment and feedback 20 Community interactions 20 Relationships with diverse communities 21 Community involvement 21 San Diego Citizens’ Review Board 21 Criminal complaints related to the San Diego Unified School District 22 A common thread 22 Chapter 4 . Officer Recruiting and Hiring Process 24 Recruitment and selection 24 The hiring process 27 Recruit training process 32
CRITICAL RESPONSE TECHNICAL ASSESSMENT REVIEW. Police Accountability—Findings and National Implications of an Assessment of the San Diego Police Department PERF’s review found that negative in- dicators were, in fact, identified in the background investigations of some of the officers who were involved in misconduct cases, but the indicators were mitigat- ed before hire for various reasons. This finding underscores the importance of the recommendation to have a clear and unwavering policy that specifies which negative indicators will be acted upon and describes how, when, and by whom these indicators can be mitigated, if at all. low-level use of illegal drugs at a young age or other minor offenses, should be seen as a youthful indiscretion and not as a lifetime xxxxxxxx- xxxx. Police agencies differ in how they define disqualifying factors in an applicant’s background, and San Diego should consider these issues carefully. In any case, the rules should be clear and should be adhered to without exceptions being made on an ad hoc basis. In addition to standard background checks, the SDPD directs each applicant to fill out an authorization and request for release of military records. This allows the SDPD to obtain any records from the military in cases involving applicants with military experience and to confirm whether or not the applicant served in the armed forces. This is im- portant, as it can bring to light a gap that may exist if an applicant was discharged from the military because of behavioral, medical, or legal issues but does not disclose his or her military service. SDPD background investigators can write a nonselect report at any time during the process, which is reviewed by the chain of command up to the chief of police prior to approval. This ensures that elimination of a candidate can occur at any point as a result of admitted or identified issues, such as drug use that exceeds standards, criminal activity, or serious credit issues. This also spares the depart- ment the unnecessary expense of continuing an applicant’s processing until the next review stage. In 2013, because of several cases involving sexual misconduct by on-duty officers, the SDPD has incorporated at least 24 new questions into the Pre-Polygraph Questionnaire that focus on past sexual behavior. For example, applicants are now asked whether they have ever engaged in any type of sexual conduct at work. According to interviews with SDPD recruiting staff and department psychologists, these questions are specifically designed t...
CRITICAL RESPONSE TECHNICAL ASSESSMENT REVIEW. Police Accountability—Findings and National Implications of an Assessment of the San Diego Police Department Misconduct type 1st offense 2nd offense 3rd offense 4th offense Police equipment collisions (See DP 1.14 & AR 75.12 for definitions of collision categories and time frames for progressive discipline. Discipline at right is for CATEGORY 1 PREVENTABLE collisions only) Written warning OR two (2) hour driver training class through fleet safety sergeant Reprimand OR written warning (IF attended two (2) hour driver training class for first collision) Suspension OR reprimand (IF attended two (2) hour driver training class for first collision) Termination OR suspension (IF attended two (2) hour driver training class for first collision) Unintentional discharge of a firearm, including less lethal munitions (on or off duty) Two (2) day suspension Four (4) day suspension Termination (IF within three (3) years of the first offense) Driving while under the influence (DUI—alcohol/ prescription medications) Termination OR four (4) day suspension with a last chance Termination (however, possible mitigating factor if Termination agreement for five the 1st offense was (5) years more than ten (10) Any aggravating circumstances (DUI years prior to the 2nd offense) in a City vehicle, *Valid CDL required resistive behavior to return to work during arrest, collision with injuries, etc., may result in a more severe response) * Valid CDL required to return to work Accessing criminal history for personal use (criminal conduct) Reprimand, up to termination Suspension, up to termination Termination Violating established informant procedures Reprimand, up to termination Suspension, up to termination Termination Sustained excessive force (low level/noninjury to suspect) Reprimand, up to termination Suspension, up to termination Termination Violation of search and seizure procedures Reprimand, up to termination Suspension, up to termination Termination Threats in the workplace violation (AR 97.10) Written warning, up to termination Suspension, up to termination Termination Violation of EEO procedures Written warning, up to termination Suspension, up to termination Termination Criminal conviction of offenses involving moral turpitude, theft, aggravated assault, etc. Suspension, up to termination Termination
CRITICAL RESPONSE TECHNICAL ASSESSMENT REVIEW. Police Accountability—Findings and National Implications of an Assessment of the San Diego Police Department Recommendations Officer recruiting and hiring process An impartial and consistent recruitment and selection process that attracts a sufficient, diverse, and qualified pool of applicants is necessary to ensure that a law enforcement agency can select and hire a cadre of pro- fessional officers who will be respected by the community. Although the SDPD has a comprehensive manual that describes the recruitment and selection process based on current best professional practices, a policy that covers each step of the process and the responsibilities of assigned personnel is needed. It is important that the policy include adjustments to current practices, such as who signs off on officer hiring decisions and the infor- mation that should be provided to the police psychologists for them to make their hiring recommendations. In addition, the SDPD should revise the recruitment pages of its website. Police department websites often provide the first impression a potential applicant receives about what it means to be a police officer. The SDPD website, like those of many other police agencies, provides videos that may give a misleading impression, emphasizing tactical assignments and other “exciting” aspects of policing. A number of departments have made efforts to provide videos and photographs that depict community policing activities and other police work that accounts for how most officers spend most of their time on duty. Recommendation: The SDPD should draft a specific policy requiring them to follow the comprehensive man- ual that governs the recruitment, selection, background investigation, and hiring process. Recommendation: The department should update its recruitment video presentations and recruitment web page.
CRITICAL RESPONSE TECHNICAL ASSESSMENT REVIEW. Police Accountability—Findings and National Implications of an Assessment of the San Diego Police Department such as unwillingness to follow rules, friction with supervisors, lack of initiative, alcohol abuse, or behavioral traits that indicate a tendency to be overly aggressive. Psychologists look at job-relevant risk factors that include mental or emotional issues that have been shown to interfere with police work. In San Diego, psychological screenings are conducted by one of two SDPD-contracted psychologists. PERF interviewed both psychologists currently used by the SDPD. Prior to attending the psychological interview, SDPD applicants fill out three questionnaires. The SDPD currently uses the Minnesota Multiphasic Personality Inventory-2 (MMPI-2), the 16PF Personality Questionnaire, and a personal history form. Each questionnaire is reviewed by the psychologist prior to meeting with the applicant. Police departments in the United States use a variety of standardized psychological questionnaires; the MMPI-2 and 16PF are widely used and are considered a standard practice. The tests are recognized as effective tools to assess various personality traits and gauge suitability for law enforcement professions. In the SDPD, rather than being graded on a scale, the psychological review yields yes or no answers as to hiring suitability. Applicants are permanently disqualified if the psychologist determines that there are factors present that indicate that the applicant is not suitable. But interviews conducted by PERF indicated that not all of the information gathered up to this point of the background investigation is provided to the psychologists for consideration. For example, information from job references and pre-polygraph or other questionnaires is not provided. Nor are the results of polygraph examina- tions provided, including specific questions that yielded a significant response (deception). At the conclusion of the psychological interview, the psychologist forwards a recommendation for hire or dis- qualification information to the Recruiting Unit. If an applicant is recommended for hire, he or she will receive a pre-employment orientation by the assigned background investigator. This allows the applicant to learn about the department, training expectations, and equipment needs. After the applicant passes both the medical and the psychological screening, the SDPD forwards all names to the San Diego Human Resources Department, which verifies that the...
CRITICAL RESPONSE TECHNICAL ASSESSMENT REVIEW. Police Accountability—Findings and National Implications of an Assessment of the San Diego Police Department
CRITICAL RESPONSE TECHNICAL ASSESSMENT REVIEW. Police Accountability—Findings and National Implications of an Assessment of the San Diego Police Department Accountability: early intervention systems, internal investigations, and discipline It is the police department’s responsibility to identify and address problematic behavior as quickly and efficient- ly as possible and to hold officers accountable for their actions. Consistent with accepted best practice, the SDPD has a multifaceted system for receiving complaints; community members in San Diego may file a com- plaint in person, by phone, by mail, or by e-mail. The following recommendations are related to improvements in complaint handling, the EIIS, internal investigations, and discipline:
CRITICAL RESPONSE TECHNICAL ASSESSMENT REVIEW. Police Accountability—Findings and National Implications of an Assessment of the San Diego Police Department what is required by the city and the state of California and what constitutes a potential or automatic disqualifier. This will allow potentially unsuitable candidates to self-screen out of the process and the department’s back- ground investigators to direct resources toward applicants who are more likely to be viable candidates. Other advertising and community outreach In FY 2014, the SDPD budgeted $35,000 for advertising and community outreach.30 All the funds were ex- hausted by the end of the fiscal year. During this period, the SDPD Recruiting Unit used the funds to purchase advertising in local movie theaters, advertising on three local radio stations, and promotional stickers and ban- ners. Unit personnel attended several law enforcement-only career fairs in neighboring states, acquired video production services for updated recruitment videos,31 and conducted at least three recruiting events in which entry-level exams were held.
