San Jose’s independent police auditor wants to review every use-of-force case — a level of oversight already in place for countywide law enforcement. But the idea is facing resistance from city police and councilmembers.
Out of 400 total incidents where San Jose police used their weapons or hands on people, 13 resulted in great bodily injury in 2024, according to a new report by Independent Police Auditor (IPA) Eddie Aubrey. It’s the first year his office was able to review these cases in-depth after scoring expanded oversight authority after voters approved Measure G in 2020. Going forward, Aubrey wants to review all incidents where police used force on someone – regardless of whether or not civilians were injured. But the San Jose City Council and police department said it would cost too much and open hundreds of new cases up for review.
The IPA’s report said all 13 incidents fell within the bounds of reasonable use of force – despite concerns about the high rate of police canine injuries and frequent police strikes to sensitive parts of people’s bodies. He also said staffing shortages hindered the depth of these reviews and assured a more detailed report later this year.
San Jose police and councilmembers say the current model for the IPA’s office balances accountability with efficiency. They warn that idea of expanding the scope to minor uses of force would divert focus from more serious incidents and introduce new strains on an already tight budget forecast.
They also oppose Aubrey’s recommendation to have the same level of access to officer-involved-shooting investigations as the department’s Internal Affairs division.
“San Jose’s current oversight system achieves this balance by providing (the IPA’s office) with timely access to serious incidents and ensuring civilian complaints – regardless of severity – are fully reviewed,” reads a memo responding to the report from Mayor Matt Mahan and three other councilmembers. “We share the concerns raised by Chief Paul Joseph and the City Manager’s Office that the OPIA’s Recommendations (…) would introduce operational and investigative risk and impose significant staffing and fiscal impacts.”