Until the beginning of 2023, disciplining a San Jose officer for many types of various types of misconduct involved suspending them for a period of time without pay. But under the newest union contract, there is another option.
The department can ask officers to continue working, but have their pay reduced temporarily.
It’s an option other city unions have had for years, but is new in the police department.
The union claims the city asked for the new option because staffing levels are critically low.
The city's police watchdog says it's concerning, while the police union says this change is not a big deal.
But LaDoris Cordell, a retired superior court judge and the former San Jose independent police auditor, disagrees.
“To basically give them a little slap on the wrist and say ‘just stay at work even though you engaged in misconduct we still want you out here patrolling the streets.’ That to me is very disturbing,” said Cordell.
It’s still not clear what kinds of misconduct would lead to a pay reduction instead of a suspension.
But we know that so far, two sworn officers have received the temporary pay hit while remaining on-duty.
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The current independent police auditor voiced her concerns in her latest annual report saying in a statement, her office “has serious concerns regarding this portion of the POA agreement. While it is important to maintain public safety services, the consequences for the officers who engage in misconduct should carry equal weight. The question becomes whether loss of earnings equates to real accountability and behavioral change.”
The union denied NBC Bay Area’s request for an interview, and the city says nobody was available to talk about the issue.
But Cordell says changes like this can erode the trust between the public and police.
“I’m very disappointed and I’m very concerned about this new direction with regard to the suspension, a disciplinary action, that is now being basically redefined and basically, in my view, completely watered down,” she said.
