Amid ongoing debates over police reform and accountability, a new policy in San Jose has raised concerns among criminal justice experts and the city's police watchdog. According to a San José Spotlight report, the San Jose Police Department now allows officers suspended for misconduct to serve their suspension while remaining on duty—though with a pay cut.
Under the terms of the most recent labor contract between the city and the police union, officers who have violated department policy or city ethics code may be ordered back to work with a reduced paycheck for a certain period. The change was proposed by the city during negotiations last year, with both the city and the San Jose Police Officers' Association citing a critical police staffing crisis as the driving force behind the new policy.
A Hoodline article published earlier in June highlighted San Jose's struggle to address police staffing shortages, which have led to worsening response times. The city is looking to fund 31 new police department positions and adopt incentives to recruit and retain officers, hoping the additional investments will bolster the department and improve public safety.
However, Independent Police Auditor Shivaun Nurre expressed concerns with the controversial suspension policy, suggesting that it could undermine transparency and accountability. "If the department claims to take misconduct seriously, there are supposed to be consequences," Nurre told San José Spotlight. "If they water down the consequences, I have a concern."
While the San Jose Police Officers' Association argues that the change is necessary due to the department's critical staffing crisis, critics have voiced concerns that it could be too lenient on officers and have negative consequences for trust in the police department in general. Greg Woods, a senior lecturer in San Jose State University's Department of Justice Studies, weighed in on the issue, stating that it could be viewed as rewarding bad behavior and puts ethically-challenged officers back on patrol.
Despite these concerns, proponents of the policy argue that suspended officers still face the financial ramifications of their actions. As Tom Saggau, a police union spokesperson, explained, "When you're suspended there are two things that happen. One is you lose your pay. The other is you can have your feet up at the beach. You can go off on a Hawaiian vacation on those days off if you want to. So instead of that, they're taking the (financial) hit and still being able to deliver public safety services."
Human Resources Director Jennifer Schembri backed the policy, claiming that the reduction in pay is the key punishment of a suspension. She also argued that city investigations and an officer's due process rights typically result in the officer's return to work, even after a standard suspension. The city of San Jose, she suggested, isn't putting bad cops back on the street, as officers who have committed egregiously bad actions would receive termination rather than suspension.
