SANTA CRUZ — An independent auditor reviewing Santa Cruz Police Department practices in 2023 highlighted two significant incidents out of 17 formal investigations.
In a presentation to the Santa Cruz City Council on Tuesday, Michael Gennaco of the OIR Group told officials that, in the fourth annual Independent Police Auditor’s report his firm has delivered since being hired, the number of recommended systemic improvements for police was reduced compared to earlier years. Santa Cruz has had a police auditor since 2003.
“The low-hanging fruit, if you will, that we found in our first couple of years has all been addressed,” said Gennaco, a former federal prosecutor. “And so you will see in this report a decrease in recommendations, which means that we can’t find any low-hanging fruit anymore. So, now we’re working sort of at the graduate level of oversight.”
Compared to 2023, the police auditor reviewed 33 use-of-force and public complaint investigations that were completed in 2022. Last year’s report also included 21 recommendations designed to enhance existing department protocols, of which the police department drafted policies addressing sixteen, according to a summary sheet by city staff members.
The auditor reviews completed formal civilian and department-initiated complaint investigations “to determine whether they were complete, objective, and thorough, and that actions taken in response to the investigations were appropriate.” It also reviews officers’ uses of force, including all critical incidents.
The two critical incident reports completed in 2023 were among five investigations generated internally, versus the 12 complaints made by the public. They included a 2021 police canine bite that resulted in injury to a burglary victim and two officers shooting a combined 15 rounds at — but missing — a suspected prowler allegedly brandishing a replica gun in 2023.
The February 2023 shooting, involving officers Jeff Brouillette and Tallin Clegg, also was investigated by the Santa Cruz County District Attorney’s Office, which determined that the officers’ use of deadly force was justified. George Jaynes, the man police shot at, pleaded no contest in November to plea deal-negotiated charges of criminal threats and assault with great bodily injury and was sentenced to time served after being jailed for 126 days. According to the independent auditor’s report, Santa Cruz Police Department’s internal review of the incident exonerated the officers, and the auditor’s report found related investigations to be “complete and thorough and agree with the ultimate findings.”
The report recommended, however, that the department’s policy be updated to give specific guidance that, with “officer-involved shootings and deaths,” involved officers be immediately sequestered and not assigned new roles and responsibilities when feasible. Another related recommendation was that the department make clear its preference to require interviews of involved and witness officers before the end of their shift, versus the two days later that occurred in the February shooting.
Regarding the police canine dog bite, which came after the burglary victim pursued and grappled with the alleged thief, the auditor recommended that the department require all canine bites be reviewed using the formal use-of-force review process, including on-scene investigation, review by command staff and convening of a Use of Force Review Board. After discussions with the auditor, the department also drafted a new policy regarding foot pursuits.
The full OIR independent police auditor report is available as part of the May 28 Santa Cruz City Council agenda packet, located online at cityofsantacruz.com.