Report 2021-105 Recommendation 39 Responses

Report 2021-105: Law Enforcement Departments Have Not Adequately Guarded Against Biased Conduct (Release Date: April 2022)

Recommendation #39 To: San Bernardino Police Department

To ensure that it adequately investigates possible biased conduct and implements effective corrective actions, San Bernardino Police should ensure it has implemented policies or procedures by January 2023 that require that the investigations apply a definition of bias that incorporates the following: biased conduct can include conduct resulting from implicit as well as explicit biases; conduct is biased if a reasonable person would conclude so using the facts at hand; an officer need not admit biased or prejudiced intent for conduct to reasonably appear biased; and biased conduct may occur in an encounter with the public, with other officers, or online, such as conduct on social media.

Annual Follow-Up Agency Response From September 2023

The Department's previous response remains true.

California State Auditor's Assessment of Annual Follow-Up Status: Pending

San Bernardino Police previously provided an excerpt of the Lexipol policy that it uses and which includes a definition of biased conduct. However, that definition does not address all elements of the recommendation, such as by clarifying that bias can be either implicit or explicit.


6-Month Agency Response

The Department uses Lexipol LLC. to maintain the most current policies regularly updated in response to new state and federal laws and relevant court decisions. The policy defines bias-based policing as "An inappropriate reliance on actual or perceived characteristics

such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or

expression, economic status, age, cultural group, disability, or affiliation with any non-criminal

group (protected characteristics) as the basis for providing differing law enforcement services or

enforcement (Penal Code section 13519.4)." Bias-based policing is strictly prohibited by the Department.

California State Auditor's Assessment of 6-Month Status: Pending


60-Day Agency Response

The Department is researching best practices to develop policies and procedures to implement this recommendation.

California State Auditor's Assessment of 60-Day Status: Pending


All Recommendations in 2021-105

Agency responses received are posted verbatim.