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November, 1989 police-involved shooting exposed the ambivalence of the relationship between the San Diego City Police Department and the community they are sworn to protect. The citizens responded to the highly
publicized incident by passing Proposition G thereby creating the Citizens' Review Board on Police Practices. The experience of this city over the several years since the civilian oversight process was created shows that a
well-crafted procedure can help improve police-community relationships. The system is popular with both the public and law enforcement.A great deal of thought and collaboration between citizens, city management and police
went into crafting the review board and a process was tailored to reflect the unique character of the City. The result, chosen by the voters over a competing proposition, created a dynamic process which has allowed the Board
to address the initial incident and adapt to meet the challenge of issues emerging over time.
The City Charter of San Diego gives responsibility for the police department to the City Manager, who appoints the Chief of
Police and supervises the Chief in his operation of the department. The Citizens' Review Board on Police Practices is also appointed by the City Manager and reports directly to the Manager. The Board's task is to
provide an independent assessment of the performance of the Police department and comment on and make recommendations for changes or additions to police policies and procedures.
The process has led to a continual dialogue
and discussion among the Board, the Department and the Manager. The Board has two major areas of responsibility: review and oversight of the work of the Internal Affairs (IA) Division; and monitoring and evaluation
of police policies and practices. Initially the Board had only case review authority, however the cooperation among citizens, police and city management has resulted in the expansion of the process providing for a
higher level of citizen input and involvement in the policing of the city. The process is cooperative rather than adversarial and elicits a "creative tension" which produces substantial benefits for both the citizens and the
department.
San Diego's oversight process is based in the assumption that the primary responsibility for policing police must lie within the police department itself. The Board's role is to ensure the police carry out their
responsibility appropriately. The 23 member Board reviews and evaluates every Internal Affairs investigation of a Citizen's Complaint against a police officer. Each Internal Affairs investigation is assigned to a three
person review team which does not close the case until that team is satisfied with the completeness and adequacy of the investigation. The case is then presented by the team to the full Board along with their recommendations
for final disposal.
If there is a disagreement between Internal Affairs and the Board which can not be reconciled, it is taken to the City Manager for review and a final decision. If the Board is not satisfied with
the Manager's decision it is empowered to refer the case to the District Attorney, Grand Jury or, if a civil rights issue is involved, the Federal Department of Justice. The process places pressure on the parties to resolve
disagreements. Only three cases in the eight year history of the Board resulted in referrals to the Grand Jury or prosecutors for further investigation.
City-wide surveys indicate trust and satisfaction on the part of the
public toward the police increased significantly during the eight years of history and experience with the Board. The citizens, police and city all feel that civilian oversight works to their advantage. Citizen
access to and impact on the police department has increased. The police department feels that they are a better, more effective force because of the policy input and changes resulting from Board recommendations. The
Police Department's efforts to institute city-wide Neighborhood Policing have been enhanced because of the increased confidence of the public. The Police Review Board is viewed as an invaluable management tool for the City
Manager, a confidence-building tool for the public, and an efficiency-building tool for the police.
For more information, contact Scott Fulkerson at (619) 236-6125.
