Guiding Principles

We have received many inquiries from the Santa Clara community about our City’s crime statistics, Department policies, officer training and how these items align with the guidelines being advocated for by police reform organizations.

In examining our policies, we feel that most, if not all, directly align with the spirit of what is being asked for in the recommendations, but there are nuances in verbiage. For example, this is how our policies compare to the www.8cantwait.org website’s recommendations:

De-Escalation Requirement
De-escalation is one of our core philosophies and has been incorporated into multiple training topics. To ensure it’s a central part of our culture and operations, the Department integrates de-escalation as much as possible into our training. As of May 2020, approximately 44% of our officers have gone through the 40-hour P.O.S.T. certified Crisis Intervention Training (exceeding the national standard of 20%). In addition, the Department conducted a Department-wide in-house advanced officer training on crisis intervention. In every interaction we have on a call for service, the safety of all involved parties is our top priority.

Require Warning Before Shooting
Where feasible, a peace officer shall, prior to the use of force, make reasonable efforts to identify themselves as a peace officer and to warn that deadly force may be used, unless the officer has objectively reasonable grounds to believe the person is aware of those facts. This requirement is consistent with AB 392 and federal case law.

Duty to Intervene
Our policy mandates a duty to intercede if any officer observes another officer using force that is unreasonable.

Require Comprehensive Reporting
All law enforcement actions are documented, to include uses of force and threats of force. The Department provides data regarding all officer-involved shootings and incidents involving use of force resulting in serious bodily injury or death to the California Department of Justice.

Ban Chokeholds and Strangulations
Chokeholds and strangulations are not permitted in our policies.

The Department has recently reevaluated usage of the carotid restraint. Effective June 9, 2020, officers have been directed to make every reasonable effort to discontinue the use of the carotid restraint, unless an officer can objectively justify its use under deadly force applications. The policy is currently being updated to reflect the discontinued use of the carotid restraint; it will be uploaded on our website after the appropriate approvals.

Ban Shooting at Moving Vehicles
Shots fired at or from a moving vehicle are rarely effective. While our policy does not ban shooting at moving vehicles, it is only allowed when the driver poses a deadly threat, which closely mirrors the Campaign Zero’s recommendation.

Require Use of Force Continuum
Continuums do not require officers to start with one level of force before moving to another. Our policies require officers to use only that amount of force that reasonably appears necessary given the facts and totality of the circumstances.  

Require the Exhaustion of all Alternatives Before Shooting
Our policy requires officers, when safe and feasible, to evaluate the use of other reasonably available resources and techniques when determining whether to use deadly force, and deadly force is only used when there is an imminent threat of death or serious injury to the officer or another person.

For these reasons, we feel our policies are already aligned to the recommendations being asked for. However, we will continue to learn from our experiences, monitor legislation and incorporate best practices into our work.

Crime Statistics

On a monthly basis, the Department updates the City of Santa Clara’s crime statistics online. Crime statistics from 2012 – present are available online.

The crime statistics were as follows:

The Department offers online crime alerting and mapping services that provide easy to read incident crime maps and automated alerts. Neighborhood crime data is available in near real-time. Crime information can be found at LexisNexis.

Use of Force Statistics

The statistics are intended to provide a summary of total incidents involving particular uses of force. The statistics do not reflect the nature of the injury suffered (if any).

A summary of the times in which the Police Department has discharged a firearm since 2008 is below.

Pursuant to Senate Bill 1421, the Police Department is retroactively disclosing information related with critical incidents on a rolling basis.

In addition, the Department has experienced one in-custody death, as a result of a pre-existing medical issue, over the time frame indicated.

Demographics

The Santa Clara Police Department believes in having a workforce as diverse as the community we serve. We seek individuals who match our values, who understand our mission and want to uphold the standards and expectations not just of us, but of our community.
 
According to the 2019 Census data, Santa Clara’s population of 129,488 is represented as follows:

In Fiscal Year 2020/21, the Department was allocated 239 employees (159 sworn and 80 civilian professionals); the number of actual employees varies throughout the year. This number has been reduced to 232 employees (153 sworn and 79 civilian professionals) as a result of the pandemic induced budget reductions.

Not all employees voluntarily self-report their ethnicity through the City of Santa Clara's application process. However, based on the information available from the City's Human Resources Department, the Department’s employee ethnic breakdown is as follows:

Legislation

AB 392 redefines the circumstances under which the use of lethal force by a peace officer is considered justifiable. Our Department has already completed the California legislative mandate related to training on AB 392 and the corresponding changes in use-of-force.

Effective January 1, 2020, SB 978 requires law enforcement agencies to post their policies, procedures and training material online.

Effective July 1, 2019, AB 748 requires law enforcement agencies to disseminate video and audio recordings related to a critical incident within 45 days, unless it would endanger the safety of an involved party or the investigation.

SB 1421 requires the release of records relating to specified incidents, complaints and investigations involving peace officers effective July 1, 2019.

SB 230 requires each law enforcement agency to maintain a policy that establishes guidelines on the use of force, as well as factors for evaluating and reviewing all use of force incidents. This mandate is effective January 1, 2021, and the Department is already in compliance with SB 230.

AB 953 requires development of guidelines and training to prohibit gender and racial profiling, effective April 1, 2021.

Effective September 30, 2021, Governor Newsom signed a series of eight (8) policing reform bills aimed at increasing transparency of peace officer misconduct records by creating a system to decertify peace officers for serious misconduct, improving policing responsibility and accountability guidelines, raising eligibility standards, banning harmful restraint techniques, and creating a public forum for the purchase of military equipment. The Police Department created a webpage to address the funding, acquisition and use of equipment designated as "military equipment" as a result of the requirements set forth in AB 481. 

Training

The Department invests heavily in training in an effort to maintain California Peace Officer Standard and Training (POST) requirements.

Our officers participate in daily patrol team briefings, quarterly Department-wide Continuous Professional Training and annual legislative updates. The topics vary from perishable skills to implicit bias training, crisis intervention, de-escalation efforts, appropriate use of tools and tactics, etc. The Department’s Training Unit continuously evaluates our tools, resources, tactics, and training to ensure are in line with current legislation, protect the City against liability, maintain officer safety and are consistent with industry best practices.

In addition to perishable skills, over the past four years, the Department has trained it's officers on the following topics during advanced officer training:

De-escalation is one of our core philosophies and has been incorporated into multiple training topics. To ensure it’s a central part of our culture and operations, the Department integrates de-escalation as much as possible into our training. As of May, 2020, approximately 44% of our officers have gone through the 40-hour P.O.S.T. certified Crisis Intervention Training (exceeding the national standard of 20%). In addition, the Department conducted a Department-wide in-house advanced officer training. In every interaction we have on a call for service, the safety of all involved parties is our top priority.

After significant research and negotiations, the Department purchased a Use of Force simulator in March, 2020 (delivery has been delayed as a result of COVID-19). The simulator runs officers through various scenarios, providing training on tactical decision-making, use-of-force, crisis management and de-escalation. Simulated scenarios provide a unique mix of hands-on training, that allows officers to use a variety of tools (e.g. verbal, less lethal, deadly force), in a high-stress situation that cannot be replicated with static forms of training. This tool will also be utilized by participants in the Department’s Citizens’ Police Academy, and additional programming is being developed for community education.

A complete summary of the Department's training is available online.

Community Oversight

In fall 2017, the Department secured the services of a third-party, called My90, to conduct a year-long project engage residents regarding their view of police, community trust, perceptions of public safety (e.g. crime trends and statistics) and satisfaction with local community policing initiatives. In the report, My90 identified recommendations to enhance police-community relations and accountability.

As a result of the My90 report, the Chief’s Advisory Committee was established in 2018. The 15-member Committee advises the Chief on issues, matters and public policies which influence or impact the ongoing relationship between the Department and the community we serve.

Lisa M. Gillmor

Pat Nikolai

Deanna J. Santana

Brian Doyle

Mayor

Police Chief

City Manager

City Attorney

Review our police use of force policies

The Department is dedicated to being as transparent as possible with respect to our day-to-day operations and interactions with the public, while adhering to current policies, rules and guidelines of this Department. However, for safety reasons, information that is tactical or sensitive in nature has been redacted.

The Department is transitioning to Lexipol, which is based on constitutional law and a “best practice” philosophy. Lexipol is the industry standard, and is currently used by the majority of California Law Enforcement agencies.

The balance of the Lexipol Policy Manual is being uploaded as each section is finalized. The Policy Manual is subject to frequent updates based upon changes in State or Federal laws and/or best practices. 

Engage our community in the discussion

Police Chief Nikolai participated in a meeting with Santa Clara University's Chief of Campus Security and Igwebuike members. 

The Chief hosted a virtual townhall meeting on June 11. The meeting was recorded and is available below.
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On June 16, the Chief provided feedback to the County of Santa Clara Human Rights Commission.

On June 22, the Chief's Advisory Committee held a special meeting on this topic.  

The Department presented and Information Report on Police Department Community Engagement Efforts on June 23. The same night, the City Council adopted Resolution 20-8858 confirming the City's support of the Commit to Action Initiative and Resolution 20-8859 condemning racial inequity in all forms and violence against the Black community. 

On July 14, the City Council took action to establish an Ad Hoc Committee during the impending Council recess and return with a Council status update no later than the September 29, 2020 City Council meeting.

On October 27, materials were distributed with details of how to apply to serve on the Task Force on Diversity, Equity and Inclusion. The application period closed on November 13.

On January 12, 2021, the City Council approved the final members of the Diversity, Equity and Inclusion Task Force to include Joyce Davis, Mark Gilley and Dorothy Ma.

To learn more about the Task Force on Diversity, Equity and Inclusion visit SantaClaraCA.gov/EquityTaskForce. Task Force agendas and supporting materials are also available on the City’s website here. To contact the Task Force, email equitytaskforce@santaclaraca.gov.

Report our findings and seek feedback from our community

It is Police Chief Nikolai's goal to report back to the community, via a City Council meeting.

Redefine public safety and reform any policies necessary

Implementation will be on-going connected with new legislation and following the City Council meeting on this topic for other items identified through this process.