Office of the Independent Police Audit for the City of San Leandro
About the IPA
The Independent Police Auditor (“IPA”) is an independent contract position reporting directly to the City Manager. It was created by an ordinance adopted by the City Council on April 3, 2022, where the City Council also created a 9-member Community Police Review Board (the “Board”).
Role of the Board:
1. Receive community feedback and complaints, and refer them for further review, as appropriate, to the IPA or the internal affairs function of the police department.
2. Receive reports from the IPA regarding personnel discipline and complaints, critical incidents, police department policies, and other law enforcement matters.
3. Evaluate police department policies of compelling community-wide concern based on trends and data, as deemed necessary by a majority of the CPRB.
4. Make recommendations to the City Manager on the job requirements, application process, and evaluation criteria of candidates for the Chief of Police.
5. Create and implement an annual work plan that consists of a community outreach plan to assure all members of the community have an opportunity to share concerns about policing.
To learn more, please go here: https://www.sanleandro.org/1187/Community-Police-Review-Board-CPRB
The Role of the IPA:
IPA and the Board
The IPA serves as the law enforcement subject matter expert to the Board. As such, the IPA will assist the Board with the preparation of their annual report including workplan and provide training to the Board.
Review of San Leandro Police Department’s Investigations
The IPA contemporaneously reviews all of the San Leandro Police Department’s citizen complaints, internal Affairs investigations involving complaints against police officers that allege excessive or unnecessary force, allegations of misconduct against police officers, and officer-involved shootings to ensure that the investigation is complete, thorough, objective, and fair. If necessary, the IPA will make a request, in writing, to the Police Chief for further investigation whenever the IPA concludes that further investigation is warranted. If the IPA does not receive a satisfactory written response from the Police Chief, IPA may make a request in writing to the City Manager for further investigation.
The IPA reviews each of the San Leandro Police Department’s investigation of any officer- involved shooting (regardless of whether a person was injured) to determine if the investigation was complete, thorough, objective, and fair. The IPA may recommend to the Police Chief that an independent investigation of a citizen complaint involving allegations of excessive force or violation of civil rights be conducted.
In reviewing all of these investigations, the IPA will provide evaluations as to whether an investigation is complete, thorough, and objective and/or an explanation if more investigation or a change in finding is recommended. The IPA will document any recommendations on policy, procedures, or training that arise from a complaint investigation. Lastly, if an external investigator is used, the IPA will provide input into the scope of work of the investigator.
The IPA shall have a publicly noticed email and phone number to receive complaints directly and will refer them to the SLPD for investigation. This information can be found here on the website.
Critical Incidents
The IPA will receive timely notifications of critical incidents with the ability to observe the scene at the IPA’s discretion. Critical incidents include officer-involved shootings, regardless of whether a person was injured, a traffic collision involving police officers that result in death or serious bodily injury to another person, use of force resulting in death or serious bodily injury per California definition (injuries requiring hospitalization for an overnight stay) to another person, or all deaths while an arrestee/detainee is in the custodial care of the police department.
Audit of the San Leandro Police Department
The IPA will have access to the San Leandro Police Department’s complaint database to regularly assess issues such as the nature of complaints, how complaints are classified, and whether investigation timelines are met. The IPA will have access to the San Leandro Police Department’s personnel and discipline records and will assess the discipline system for fairness and appropriate levels of discipline.
The IPA will audit the San Leandro Police Department’s policies, procedures, and training to recommend changes and improvements to policy, procedure, or training. The IPA will also audit the progress on meeting the Department’s Strategic Plan goals. The IPA will also audit the progress on the San Leandro Police Department’s compliance with the California Racial and Identity Profiling Act of 2015 (RIPA) requirements, including SLPD stop data using SLPD data reported under RIPA and other appropriate sources, enforcement actions with regards to bias, individual use of force investigations, including Taser usage, and use of force aggregate data, and the body camera usage by officers and review by supervisors as compared to professional standards.
Public Reports by the IPA
The IPA shall provide evaluations of cases reviewed to the Board, with a copy provided to the City Manager and Police Chief, and at least annually, the IPA shall review the IPA’s case evaluations with the City Council.
The IPA will publish public reports, at least on an annual basis, to include: information about misconduct complaint investigations and trends; recommendations concerning improvements to SLPD policy, procedures, and/or training; results of audits.
Independent Investigations
In cases in which the IPA deems an investigation insufficient or the San Leandro Police Department does not open an investigation, and recommendations for additional investigation are not heeded, after written notification to and concurrent from the City Manager and the City Attorney, the IPA may conduct an independent investigation.
Audit SLPD Misconduct Complaint and Discipline Process
The IPA will have access to the SLPD complaint database and regularly assess issues such as the nature of complaints, how complaints are classified, and whether investigation timelines are met.
The IPA will have access to SLPD personnel and discipline records and will assess the discipline system for fairness and appropriate levels of discipline.
Audit SLPD Policies, Procedures, and Training
The IPA will audit SLPD policies, procedures, and training. The following non-exhaustive list of issues is indicative of what may be done:
Progress on meeting SLPD Strategic Plan goals – including, in particular, goals with regards to training on procedural justice, the Guardian mindset, implicit/unconscious bias, and de-escalation;
Progress on SLPD compliance with CA Racial and Identity Profiling Act of 2015 (RIPA) requirements, including SLPD stop data using SLPD data reported under RIPA and other appropriate sources;
SLPD enforcement actions with regard to bias;
Individual use of force investigations, including Taser usage, and use of force aggregate data; and
Body camera usage by officers and review by supervisors as compared to professional standards.
Recommend Changes/Improvements to Policy, Procedure, or Training
The IPA will review SLPD existing policies and procedures and evaluate new or changed SLPD policies.
The IPA will review SLPD training.
Make written recommendations to the Police Chief for improvements or changes to SLPD policy, procedure, or training.
Produce Reports Regarding Reviews Conducted
The IPA shall provide evaluations of cases to the Board, with a copy provided to the City Manager and Police Chief.
At least annually, the IPA shall review the IPA’s case evaluations with the City Council and the IPA will publish public reports which will include: information about misconduct complaint investigations and trends; recommendations concerning improvements to SLPD policy, procedures, and/or training; and results of audits. The IPA may be requested to present reports to the City Manager and City Council.
Conduct Independent Investigations
In cases in which the IPA deems an investigation insufficient or the SLPD does not open an investigation, and recommendations for additional investigation are not heeded, after
written notification to and concurrence from the City Manager and the City Attorney, the IPA may conduct an independent investigation.