3/19/97

City of San José

CLASS PURPOSE
Under legislative and administrative direction, this position has the authority and responsibility for the review and assessment of police misconduct investigations. Recommends improvements to the process, training needs, and other preventive measures. Educates the public on the role of the position and assists the community with the process and procedures for investigation of complaints against police officers.

TYPICAL DUTIES AND RESULTS (The position may not include all the duties listed, nor do the examples cover all the duties which may be performed.)

• Plans, organizes, and supervises the work of the Office of the Independent Police Auditor in the review of Police Department investigations of complaints against police officers to determine if the investigation was complete, thorough, objective, and fair.
• Reviews all citizen complaint investigations alleging excessive or unnecessary force by officers and 20% of other complaints.
• Reviews all citizen complaint investigations whose results are unacceptable to the complainant.
• Requests the Chief of Police to further investigate cases, which, upon review, the auditor does not find thorough or objective.
• Uses management information generated through audits to prepare and submit to the City Council annual reports of activities and findings, and makes recommendations with regard to Police Department policies and procedures.
• Produces annual reports to the Mayor and the Council, analyzing trends and patterns and recommending improvements to the process, training needs, and other preventative measures.
• Prepares, as part of the annual report, a statistical breakdown, categorically documenting the number of complaints filed, the number sustained, and any action taken.
• Prepares oral presentations to the City Council.
• Conducts complex program performance audits.
• Determines the audit scope and adequacy of audit methods.
• Identifies areas of inquiry capable of being developed into audit findings and develops audit procedures.
• As an alternative to Professional Standards & Conduct Unit (PSCU), accepts complaints (intake procedure) and interviews witnesses.
• Insures that the PSCU provides timely updates on the progress of investigations to complainants.
• Attends interviews of police officers and offers questions for the interviewer to ask.
• Conducts public outreach to educate the community on the role of the Independent Police Auditor and to assist the community with the process and procedures for investigation of complaints against police officers. Works with the City Council, Police Department, and community in partnership to ensure success of the position.
• Conducts press conferences and interviews with the English and Spanish media. Writes articles for various publications.
• Formally meets with the City Manager and Chief of Police at least twice a year to discuss any issues.
• Meets with community leaders, public officials, and professional organizations to inform and promote the mission of the IPA office.
• Tracks, analyzes, and takes action of legislative bills which may have an impact on the citizen complaint process.
• Develops and monitors department budget.
• Conducts legal research on issues raised in complaints.
• Conducts research on training, operations, and changes in police procedures.
• Meets with other police oversight agencies.
• Conducts and/or attends community meetings involving police issues. Periodically goes on police ride-alongs.
• Provides training and/or orientation to PSCU investigators, police officers, and recruits at the police academy.
• Supervises IPA support staff.

Typical End Results Include: Establishes and maintains a credible, fair, and equitable review process. Makes ongoing recommendations to improve the citizen complaint process.

DISTINGUISHING CHARACTERISTICS
   This position is in the unclassified service, and was established on November 5, 1996, by the San Jose electorate, through City Charter revision (Chapter 27, Section 809). Supervision is exercised over a department of professional, technical, and clerical subordinates. The incumbent reports to the City Council.

• Knowledge of the organization, responsibilities, functions, policies, and procedures of local law enforcement.
• Knowledge of the principles, practices, methods, and techniques of communication and public relations, management, and organizational budgeting.
• Knowledge of sound supervisory and managerial principles and practices, to include planning, delegating, and supervising the work of subordinates.
• Knowledge of the techniques of law enforcement training, instruction, and evaluation of work performance.
• Knowledge of the fundamentals of criminal and administrative investigations including interviewing and interrogating principles and techniques.
• Knowledge of current case law and statutes in the criminal law field and familiarity with penal and evidence codes and other related authorities such as Government Code section 3300.
• Knowledge of legal research principles.
• Knowledge of generally accepted accounting and auditing principles and standards.
• Ability to evaluate PSCU’s performance in conducting investigations, preparing reports, and statistical analyses, and in carrying out independent research and fact finding assignments.
• Ability to work with and demonstrate sensitivity for both the rights of individuals and the differences in people’s ethnic and cultural heritage, age, gender, sexual orientation, disabilities, attitudes, beliefs, goals, and interests.
• Ability to perform public speaking assignments, including formal presentations.
• Ability to maintain effective community relations.
• Ability to demonstrate a high standard of integrity and professionalism.
• Ability to demonstrate a commitment to protect the basic constitutional rights of all affected parties.
• Ability to work effectively with residents, business and community organizations, public and private agencies, Police Department personnel, the Chief of Police, City Attorney, City Council, and Mayor.
• Ability to act independently, creatively, and fairly.
• Ability to interpret and apply laws and regulations.
• Ability to express oneself clearly and concisely, both orally and in writing, and to edit written materials.
• Ability to work effectively under pressure.
• Ability to maintain media relations.
• Ability to understand and interpret rules, regulations, policies, procedures and program objectives.

• Knowledge of Police Department procedures related to Internal Affairs investigations of complaints against police officers.
• Knowledge of the City’s charter, budget process, administrative orders, policies, civil service rules, and administrative processes.
• Ability to carry out Mayor and City Council directives, within the limitations of time and staff.

Education
A law degree from an accredited college or university is desirable.

Experience
A minimum of five years of experience in criminal or labor law. Must be experienced in or knowledgeable of investigations, legal research, and analyzing criminal, constitutional, labor, and civil rights law. Proficient in a second language (preferably Spanish).

Licenses/Certificates
A member in good standing with the California State Bar is desirable.

(New 3/19/97)
8023s000.doc