Revisions to City Policy Related to Criminal Allegations Against City Employees

MEDIA ADVISORY

Given recent incidents involving City of San José employees, including that of Police Officer Dominguez and former Code Enforcement Inspector William Gerry, and in the spirit of transparency, the Police Department has worked with the City Manager’s Office to immediately implement policy revisions related to the handling of criminal allegations against city employees that have the potential to impact the safety or financial health of the community or other city employees.

"These revisions reflect our deep commitment to doing everything possible to prevent similar incidents in the future. In every case, immediate action and collaboration with the City Manager’s Office will ensure that decisions to remove an Officer or city employee from contact with the public are made at the highest levels and with the greatest urgency. Protecting the public is paramount; that is what this policy intends to do,” explains Chief of Police Anthony Mata.

The revisions identify clear triggers for credible criminal allegations that immediately place accused employees on administrative leave until a preliminary investigation is complete. Those triggers include crimes such as, but not limited to, alleged sexual misconduct, assault or battery, theft or bribery. The City Manager will be immediately notified when an employee is accused of any of these crimes.

“We have taken immediate action to protect the safety and financial health of our community with this new policy that applies to all city employees,” said Jennifer Maguire, City Manager. “This preventive measure will help us ensure that potential crime against our community by the very people whom they trust to keep them safe will not occur again and are swiftly acted on. The policy provides safeguards so the public will have confidence in how we handle these situations when criminal or administrative investigations are underway.”

Subsequent to the preliminary review of the allegation, a determination will be made to keep the employee on administrative leave or to reassign the employee to other non-public facing duties, if applicable, until the criminal and/or administrative investigation is completed. The determination will be reviewed and given final approval by the City Manager. The city may reevaluate an employee’s leave status or assignment as new information becomes available or as other circumstances change.

“I appreciate the swift action by the Chief of Police and the City Manager to ensure that we do not subject members of our community to any foreseeable risk of harm while investigating future allegations of criminal misconduct by city employees,” said Mayor Sam Liccardo.

Other allegations of criminal misconduct by any employee will be considered on a case-by-case basis. Determinations as to whether an employee will be placed on administrative leave, reassigned, or permitted to continue in their current assignment will be made by the Chief of Police or City Manager’s Office, as appropriate, following the review of the facts immediately available.