Document of Interest Provided By Councilmember Hamann on Civilian Review Boards

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concentrated and skilled attention that the board does not have the time or expertise to provide. The dual sys- tem also provides a check and balance in the sense that citizens can seek help from one office if they are dissat- isfied with the other office’s response. This may moti- vate each office to do an especially good job so that it is not second guessed by the other. •The auditor and board complement each other in some respects: —The board provides for direct citizen involvement in police oversight, while the auditor represents city government. According to Capt. George Stoner, commander of the IA unit,“The dual sys- tem makes sure that the department addresses all segments of the city”—citizens and each branch of local government. — The board enables community representatives to offer the lay perspective of the citizen regarding IA investigations of alleged police misconduct, while the auditor’s office makes it possible for a profes- sional investigator to examine the department’s investigations of alleged misconduct. —The board provides a public forum in which citizens can express general concerns about the department, while the auditor can address dissatisfaction citizens have about how IA handled specific complaints. —When the auditor and board agree on a recom- mended policy or procedure change, the recom- mendation in effect has the backing of the city manager, city council, and mayor. The auditor’s and board’s agreement on a recommendation also means that a professional investigator and lay C ITIZEN R EVIEW OF P OLICE: APPROACHES AND I MPLEMENTATION 67 SAN JOSE,CALIFORNIA’S,INDEPENDENT POLICE AUDITOR HAS SOME SIMILARITIES AND DIFFERENCES WITH TUCSON’S AUDITOR Thirty-six percent of all complainants in San Jose file their cases with an independent police auditor rather than with the police department. As in Tucson,Teresa Guerrero-Daley, the auditor, forwards the paperwork to the police department’s internal affairs bureau, which conducts an investigation.The bureau then sends all its materials on all cases—including those filed directly with the police department—to the auditor. Exchange of information is simplified because the two agencies share a common computerized database. Guerrero-Daley examines the case files for thoroughness and fairness, and she can request further investigation if she is not satisfied with a finding. She monitors selected cases by sitting in on interviews or going to the scene of the alleged incident. She becomes involved in all use-of-force cases. As can Liana Perez in Tucson, Guerrero-Daley can require the IA investigators to ask questions she may have of complainants and officers during interviews. Command staff, not IA staff, determine a disposition after the investigation. Complainants who disagree with the finding or disposition may appeal to the auditor, who will review the case. If Guerrero-Daley disagrees with the disposition, she sends a memo to the chief. On the few occasions each year when she and the chief disagree, they meet together with the city manager (who appoints the chief) to reach a consensus. Guerrero-Daley can make specific recommendations for training as well as for changes in policy and duty manuals.The chief has adopted 90 percent of her recommendations. With a staff of four professionals, the auditor’s office has a budget of $320,000. There is no citizen review board in San Jose. Other cities with auditors—located primarily on the West Coast—include Seattle and Los Angeles. The Charlotte-Mecklenburg Police Department in North Carolina, on its own initiative, hired a private accounting firm to audit and recommend improvements to its complaints process.* * See Walker, Sam,“New Directions in Citizen Oversight: The Auditor Approach to Handling Citizen Complaints,” in Problem-Oriented Policing: Crime-Specific Problems, Critical Issues and Making POP Work, ed.Tara O’Connor Shelley and Anne C. Grant, Washington, D.C.: Police Executive Research Forum, 1998: 161–178.