Commentary: Measure B would create an independent commission for San Diego police complaints

Community trust of law enforcement is key to legitimate and effective policing. Right now, San Diegans have an opportunity to increase the community’s trust in its Police Department through the passage of Measure B.

In the city of San Diego, complaints filed against police officers are investigated by the police themselves. The Police Department provides the results of some of those investigations to the city’s Community Review Board on Police Practices (CRB). The CRB’s review process prohibits it from doing any investigation into the complaint. Sadly, the CRB can do little more than review and comment on the reports received.

Throughout the CRB’s review process, it receives guidance from the Police Department — the entity that has been complained about. It also receives guidance from the City Attorney’s Office — run by the same city attorney who has the duty of representing and protecting the Police Department. And the CRB’s conclusions following this review are maintained internally, hidden from public scrutiny. None of these factors instill trust in the department.

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San Diegans deserve a more robust, transparent and trustworthy police oversight process. This is especially true considering the issues that plague the relationship between police and the community.

An analysis of data collected by the San Diego Police Department shows that its officers use force at a rate 95% higher than many of the largest police departments in California.

The same analysis, conducted by Campaign Zero, revealed that these officers treated residents differently based on race, sexual orientation and personal abilities.

San Diego police officers stopped Black people at higher rates than White people in 85% of their police beats. During stops, San Diego police were 25% more likely to search, 8% more likely to arrest without a warrant and 59% more likely to use force against Black people than White people.

Evidence of disparate treatment was found regarding other racial groups including Latinx individuals. Despite the higher rate of stops, both Blacks and Latinx people were less likely to be found with contraband than White people. Similar findings of disparate treatment existed with respect to other people of color, members of the LGBTQ+ community and individuals with disabilities.

These findings are even more disturbing because they reveal a continuing pattern of conduct. A 2016 San Diego State University study commissioned by the city also showed the disparate treatment of residents of color by San Diego police.

The Police Department’s practices have significant human impact that lead to great financial costs. The city spends millions of dollars a year in settlements and verdicts due to police misconduct. That does not begin to include the amount spent on the lawsuits leading up to these payouts.

The CRB has existed for more than 30 years. During this time, it has been unable to address the ongoing problems that afflict San Diego police. Measure B would replace the current flawed system with the Commission on Police Practices, an independent and more powerful entity, supported by independent, experienced professionals. The new commission is modeled after San Diego’s Ethics Commission, a highly reputable body known for its independence.

The Commission on Police Practices would receive all complaints made against police officers, not just some. It would have its own legal counsel and not rely on the City Attorney’s Office. The new commission would have the authority, and, in some cases, the duty to conduct an independent investigation of complaints, not just review the findings of the Police Department. The commission would also be required to make its findings public.

Measure B has widespread support. It is endorsed by the California Nurses Association, Veterans for Peace, San Diegans for Gun Violence Prevention, the local NAACP and more than 70 other local organizations, from La Jolla to Clairemont to Encanto and beyond. Measure B has the bipartisan support of numerous elected officials, including all members of the San Diego City Council, Mayor Kevin Faulconer, and both candidates for San Diego mayor.

As professionals, police officers should be subject to independent oversight just like doctors, lawyers, dentists and other professionals. The Commission on Police Practices would provide this oversight and create a trustworthy process for holding police accountable.

Measure B is our way forward toward the just and effective policing of all communities in San Diego. Let’s not miss this opportunity. Vote Yes on Measure B.

St. Julian is an appellate attorney, President of the Earl B. Gilliam Bar Association, and Co-Chair of San Diegans for Justice in Support of Measure B. She resides in Carmel Valley.

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