The San Jose Police Department is one of a handful of California law enforcement agencies that a state audit determined isn't adequately identifying and investigating bias within its ranks.
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The California State Auditor wrote in a report to California Gov. Gavin Newsom and other state leaders earlier this week that the San Jose, San Bernardino and Stockton police departments, as well as the Los Angeles County Sheriff's Office and the California Department of Corrections and Rehabilitation, inconsistently or inadequately investigated accusations of officer bias, and that state legislative "intervention would help ensure broader use of practices that address bias."
Tilden told KCBS Radio's Jeff Bell and Patti Reising on Thursday afternoon that state lawmakers directed his office to audit a collection of departments across the state to see "whether any of their officers were members of hate groups, or had engaged in biased conduct."
"We did find examples at all five departments of officers that posted biased statements on their social media accounts," Tilden said. "We also found examples where officers engaged in biased conduct towards members of the public."
Two San Jose police officers made biased social media statements before they were hired, according to the report. Auditors also found two San Jose officers made derogatory comments about a Vietnamese landlord before being called to settle a tenant dispute.
"I would say she's about 5 foot 4 inches, very skinny, bad teeth, very heavy accent," one officer said, according to bodycam footage and an internal investigation. "That's me ... I like to–"
"Like to predict it ahead of time?" the other officer interjected. "I think so. Let's do this."
The officers then told the landlord she would be taken to jail if she didn't return the tenant's deposit. The second officer told their colleague that the officer's description was "spot on," and the first speculated the landlord "has a problem gambling" when she was unable to return the deposit in cash. She was also repeatedly denied a translator.
The first officer was suspended 40 hours without pay after the San Jose Police Department found their treatment of the landlord related to her race. San Jose police didn't find the other officer had engaged in biased conduct.
Although that represented "a small number of the officers at each department," auditors wrote that it would be "incorrect" to conclude that bias is not a problem within the police departments audited, including San Jose's.
"I think one of the key recommendations that we have is that departments need to do a better job of actually performing internet and social media searches when they’re screening officer applicants," Tilden told Bell and Reising, "so that they're able to identify any potential biases, or affiliations or associations with hate groups, prior to making an employment decision."
Tilden noted in the interview that the San Jose Police Department, as well as the three other local departments, "lacked adequate procedures for conducting investigations of biased conduct." None of the departments adequately ensured "its officers fully reflect the diversity of its community," either, according to the report.
Auditors found that the San Jose Police Department did a poor job of implementing a formal strategy to diversify its ranks and collecting demographic data on its applicants. In a city where 69% of residents are Hispanic (31%) or Asian (38%), just 18% of San Jose police officers are Hispanic (8%) or Asian (10%).
San Jose Police Chief Anthony Mata wrote in response that the department mostly accepted the report's 14 recommendations, including "implementing a documented strategy aligned with best practices for recruiting officers who reflect the diversity of its community" by next April.
Auditors wrote back that San Jose police shouldn't need until the end of 2023, rather than next April, to "implement our recommendations for strengthening their relationships with their communities."
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