Report: One-year progress of BPD's stipulated judgment shows policy reforms not yet enacted, but compliance underway

Jan. 21—A third-party group observing the Bakersfield Police Department's mandated revision of use-of-force and several other policies said the BPD hasn't reformed any practices during its first year of a legal agreement with the California Department of Justice — which accused local police of violating residents' constitutional rights — though foundational work to achieve compliance has begun.

The BPD entered into a legal agreement in August 2021 known as a stipulated judgment with the Department of Justice after it said police engaged in unreasonable force, stops, searches and seizures. The Police Department and the city of Bakersfield denied these allegations and signed the stipulated judgment to bypass legal fault while agreeing to a series of improvements.

Work by the independent group — known as the Bakersfield monitoring team — was in part hindered after personnel data wasn't immediately released by police for review and a community advisory panel wasn't convened to get public input on reforms as is required by the state DOJ. These issues have been resolved, Police Chief Greg Terry said in an interview with The Californian, while adding the BPD revised policies before signing the stipulated judgment and the report released last week noted the department put forth a "good-faith effort" to make progress.

"While substantive work has occurred for the use of force policies, they have not been promulgated, meaning officers continue to operate under the policies in place at the time of the Judgment entry," the monitoring team wrote in the report.

The monitoring team did not respond to a request for comment. Its report covers work from January to October 2022. The independent group is composed of law enforcement experts with Jensen Hughes, a consulting firm on several public safety topics that was hired in September 2021.

Terry characterized this first year as "foundational" and "challenging." While contending with a dearth of law enforcement officers, police must balance public safety with responsibilities created by the stipulated judgment. Terry promised to ensure both, and said the BPD's staffing levels impact the rate of progress made with the judgment.

The BPD created six teams to examine separate components of use of force and began drafting policies to train officers. Supervisors must also learn how to check if the new practices are carried out.

And, all this work must sustain itself to show compliance in years to come, the chief added. This process multiplies among different categories the department must change such as stops, searches and seizures, canine use, language access, people's mental health, recruitment, and community policing.

Citing privacy concerns, the BPD and the city denied the team access to personnel information when it sought data about use-of-force complaints. Terry said the Peace Officers Bill of Rights prevented them from disclosing information, but the court modified the judgment to avoid legal trouble when sharing data.

The monitoring team didn't receive this information until late November 2022, the report said. Internal affairs data was not given until late July 2022.

A community advisory panel will advise the BPD to reform its policies. Its first meeting was Thursday night, and its members are required to weigh in on the department's revisions before they are implemented. The BPD has also drafted a canine use policy that will be reviewed this year, the report noted.

The report revealed areas of concerns the BPD must address when creating new policies.

Monitors said the current policy does not adequately show officers how to know if their use of force is necessary.

A critical incident review board — which rules if fatal shootings by police are within department policy — didn't first determine if the use of force was necessary or identify what tactics were used when responding to a person's actions, the report said.

"The Monitor noted some reviews focused more on the force technique and time needed to effect the arrest or detention rather than specifically assessing whether de-escalation or alternatives to force were more appropriate given the circumstances," the report stated.

When monitors observed training techniques, they noted teachers didn't emphasize tactics used to de-escalate a situation but only how to take "immediate or swift" control of a person, the report added.

Data reviewed by the monitoring team showed use of force was disproportionately used on Black people relative to their population in Bakersfield, though it requires further review and analysis. When comparing population numbers, white and Asian people were underrepresented when subjected to use of force while Hispanics were equally represented.

Terry said he seeks to comb through data to understand why these statistics exist — it is unintentional by officers. Police cannot be successful unless community members trust officers and provide services that meet expectations of area residents, he added.

A survey of 1,000 Bakersfield residents conducted for the monitoring team also provided insight into interactions with police.

The percentage of respondents who rate the job police do as excellent rank lower for southeast and metro Bakersfield residents when compared to other areas of the city.

In the survey, no Black person who has ever been stopped on the street by police answered that officers "were polite," while 50 percent of white and 75 percent of Hispanic respondents said police are polite. But these numbers equalized when asked if police "showed respect" or "were professional," the report said.

A quarter of respondents believe improvements have been made over the past few years and about half the residents surveyed said the city is headed in the right direction.

Robert Roberson with local nonprofit Community Interventions, which seeks equity for marginalized communities in the Central Valley, said he seeks accountability and trust from BPD officers. He alleged police don't follow the law and break rules but aren't held accountable, he said.

"People in Kern County area have grown so accustomed to these ways, they don't even think that it's wrong," he added.

Police should hand over more data, like that listed in the report, he said.

Terry said he plans to release more information throughout this year.

The progress made in the first year aligns with conversations Roberson has had with the monitoring team, but doesn't necessarily align with his beliefs, he added. He's a little unsure what changes will happen because the monitoring team hails from a law enforcement background and is partial to police. Asked about his issues being mitigated by the community advisory panel, he said they don't have any real effective power and can only advise.

Events like Coffee with a Cop don't necessarily invite people who have problems with police to chat with them, Roberson added. The report noted several of the BPD's outreach efforts focus on events rather than holding forums designed to problem-solve. Terry said he's looking into other alternatives to be transparent.

Terry and Roberson agreed on at least one thing.

It's going to be a long road to get to full compliance, they both said. The report said the monitoring team hopes the BPD enacts reforms in three years and has one year to see "continued compliance."

The journey, Roberson added, might be a bumpy one.

You can reach Ishani Desai at 661-395-7417. You can also follow her at @_ishanidesai on Twitter.