Police hiring, training, and disciplinary requirements in San Jose, California
| Police hiring, training, and discipline |
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This page provides an overview of policies related to the hiring, training, and discipline of police officers in San Jose, Calif. It is part of an analysis of police union collective bargaining agreements and related arrangements with police unions concerning hiring, training, and disciplinary requirements in the 50 states and top 100 cities by population.
Background
Through the lens of 40 research questions related to police hiring, training, and discipline, Ballotpedia examined the collective bargaining agreements, statutes, and regulatory codes governing the 50 states and the top 100 US cities by population.
Some of the hiring, training, and discipline standards for police officers not established by statutes or regulations arise from negotiations with police unions. Those negotiations are often codified in collective bargaining agreements (CBAs). Those agreements are the contracts that states and cities sign following negotiations with police unions. Some states and cities restrict collective bargaining, but may still negotiate with police unions using other methods. After negotiating with the unions, those jurisdictions sometimes establish police standards through documents including memoranda of understanding or meet and confer agreements.
Results
The tables below link to each question Ballotpedia used to analyze the states and cities and indicates how San Jose handles police hiring, training, and discipline. To see the provisions Ballotpedia used to support these results, click here.
CBA basics
| CBA basics | Results |
|---|---|
| Is there a CBA with the police union? | YES |
| Is the current CBA publicly available online? | YES |
Discipline and accountability
| Discipline and accountability | Results |
|---|---|
| Does the CBA forbid the transfer or reassignment of an officer as a form of discipline? | NO |
| Do officers have a right to request third-party arbitration for grievances, including over disciplinary actions? | YES |
Condition: Certain disciplinary action may be subject to the grievance/arbitration procedure; Selection: N/A; Provider: N/A; Arbitrator authority: N/ASuspension, demotion, dismissal, salary reduction, or transfer appeals can be appealed to the grievance/arbitration procedure or to the Civil Service Commission within 20 days of the notice of discipline. Letters of reprimand can only be appealed to the city manager | |
| Does the CBA contain provisions related to discipline for misconduct? | YES |
Primary discipline authority: City of San Jose, Police Department; Types: Dismissal, demotion, suspension, pay reduction; Restricted aspects: N/A; Challenge/appeal process: Union grievance procedure or Civil Service CommissionSalary reduction may be reduced by no more than one step of the salary range, and amount and length of time shall be specified in the Notice of Intended Discipline. Probationary employees may not appeal rejection on probation. Employees must file appeal within 20 days of receiving Notice of Intended Discipline. | |
| Does the CBA explicitly allow for a state ombudsman outside particular police departments to hold law enforcement officers accountable for misconduct? | NO |
Legal limitations or provisions
| Legal limitations or provisions | Results |
|---|---|
| Does the city CBA prohibit felons from becoming law enforcement officers? | NO |
| Are there any statutes or regulations that prohibit collective bargaining with police unions? | NO |
Training and counseling
| Training and counseling | Results |
|---|---|
| Does the CBA require or incentivize college or post-secondary education? | YES |
Allows employees to receive tuition reimbursement up to $1,000 per year | |
| Does the CBA require or incentivize law enforcement officers to learn first aid skills? | YES |
Incentivizes POST certifications, which may include first aid training | |
| Does the CBA have provisions related to firearms training? | NO |
| Does the CBA have provisions related to training with tasers or other nonlethal weapons? | NO |
| Does the CBA require law enforcement officers to learn any martial arts? | NO |
| Does the CBA require law enforcement officers to submit to regular psychological counseling/evaluation? | NO |
Optional, not required | |
| Does the state/city CBA require law enforcement officers to do driving training regularly? | NO |
| Does the state/city CBA require law enforcement officers to do driving training regularly? | NO |
| Does the CBA require law enforcement officers to take regular mental health training? | NO |
Community relations and oversight
| Community relations and oversight | Results |
|---|---|
| Does the CBA reference citizen review boards? | YES |
Board name: Civil Service Commission The Civil Service Commission hears officer appeals, but it is not stated whether they review complaints of misconduct | |
| Does the CBA have provisions related to community policing? | YES |
"Eighteen (18) patrol positions within existing patrol teams in BFO shall be designated as Community Policing beats, in high gang and crime districts. " Officers will be assigned to specific beats and will "liaison with community action teams and attend community meetings." | |
Investigations
| Investigations | Results |
|---|---|
| Does the CBA contain provisions related to misconduct investigations? | YES |
Does not detail exact procedure, but an independent police auditor (IPA) can participate in administrative interview/interrogation. | |
| Does the CBA require notice to officers of investigations? | NO |
| Does the CBA determine a timeline for investigations? | NO |
| Does the CBA contain provisions related to compensation during misconduct investigations? | NO |
Evidence and records
| Evidence and records | Results |
|---|---|
| Does the CBA have provisions related to the use of body-worn cameras or body-worn camera video evidence? | YES |
The CBA covers the administrative review and auditing policies of body-worn cameras. | |
| Does the CBA regulate processes for retaining officer disciplinary records? | NO |
Qualifications and evaluation
| Qualifications and evaluation | Results |
|---|---|
| Does the CBA require performance evaluations? | YES |
"The performance evaluation rating period will coincide with annual shift change" | |
| Does the CBA restrict licensing procedures for law enforcement officers or departments? | NO |
Union authority
See also
Footnotes
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