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San Jose reviews grand jury findings about complaints of racial profiling

By Monica Heger

The San Jose City City Council concluded a further study on racial profiling is needed, after reviewing the findings released by the Santa Clara County Civic Grand Jury. Council members are also asking for the study to include a comparison of San Jose to other cities.

The city council voted 9-0 on Aug. 9 to review the process by which individuals file racial profiling complaints with the independent police auditor. Mayor Ron Gonzales and Councilwoman Nancy Pyle were absent.

The grand jury found that while the San Jose Police Department does not condone racial profiling, there have been instances of racial profiling and excessive police behavior.

Police Chief Rob Davis asserted the department does not engage in racial profiling.

"For a city of nearly a million people, to receive the number of complaints we did on racial profiling, we pale in comparison to other cities," Davis said.

The council agreed no major overhaul of the independent police auditor system was needed, but did want to compare its system with other cities.

The council said the definition of racial profiling, articulating the difference between an inquiry and a complaint and reviewing the process by which inquiries and complaints are handled all require "tweaking."

The current definition of an inquiry is a complaint that's resolved to the satisfaction of the complainant. An inquiry becomes a complaint only if the individual filing it decides to pursue a formal investigation.

Of the 335 complaints filed in 2004, 35.2 percent were eventually classified as inquiries because the individual did not pursue an investigation.

The grand jury was concerned complainants may have been unduly influenced into not pursuing an investigation.