Can Chief Davis Survive?

In the past six months, Rob Davis has lost support, becoming the most controversial San Jose police chief since the department became a modern urban force under Harvard-educated reformer Joseph McNamara three decades ago.

The affable chief is typically comfortable in the public eye, but these days, Davis is discovering that he cannot talk his way out of trouble. His critics include not only traditional police watchdogs like the ACLU, the NAACP and Latino community groups but also city officials, business owners and law enforcement leaders.

“He’s adamantly in the hot seat right now,” says SJPD Sgt. Bobby Lopez, president of the San Jose Police Officers Association, which represents San Jose’s 1,400 sworn officers. “There seems to be a groundswell against him. Issues are cascading. And at the bottom of them is the signature ‘Robert L. Davis.’”

# # #

Raul Colunga, founder of the civil rights organization La Raza Roundtable, says he likes the chief. He reports that there are some folks who still support Davis, but others question whether he is the right person to sort out this mess.

“He speaks Spanish—great. But that only gets you so far,” Colunga says. “It’s caused us to take a step backward and question—how effective is this guy?”

Rick Callender, a former NAACP president, says he has been watching the problems mount under Davis’ leadership, particularly since the drunken-arrests issue surfaced.

“How do you talk your way out of this? You can’t use fuzzy math to get out of this one. The numbers speak for themselves.” Callender says. “I think he’s in trouble.”

Davis has also drawn sharp criticism from downtown entertainment establishment owners. “The chief is very articulate and very convincing, and he can make you feel warm and fuzzy,” says John Conway, owner of Britannia Arms bar downtown. “But then nothing
necessarily gets changed.”

Scott Knies, director of the San Jose Downtown Association, says that with Chief Davis everything is “colored and spun.” Knies concedes that the chief has led a professional department. That said, he believes Davis has created a culture where police spend too much time “sweating the small stuff, like jaywalking.”

“It’s unfair to say it is all Chief Davis,” Knies says, “but certainly there has been more of this letter-of-the-law, not spirit-of-the-law enforcement.”

One downtown property owner, who counts several high-ranking San Jose police officers as personal friends, says Davis, who came up through the administrative side of the department, has lost the respect of the street cops. This businessman, who asked that his name not be used, believes that under Davis, the SJPD has lost its way—and points to the huge number of public-intoxication arrests as evidence.

# # #

Citizen complaints against the department fell four straight years under Davis’ predecessor, to a 10-year low of 329 in 2003, the year before Davis took over. Under Davis, complaints rose to 547 in 2007, and by midyear 2008 had increased another 10 percent over 2007, according to the Independent Police Auditor’s office.

“Chief Davis started five years ago, and that’s when all the problems started,” says attorney Ignascio Camarena, who is representing two Watsonville men in a class-action lawsuit against Davis and the city. “We don’t say that the chief caused the change in the stats at this point but there is a trend that coincides with his tenure.”

In the wake of all the negative press, Mayor Chuck Reed has rallied to the chief’s defense, saying that Davis hasn’t been afraid to scrutinize the department’s policies and practices. While the mayor seems unwilling to openly confront the problem or to formulate a response to community concerns, members of the City Council, who have always deferred to the chief, are taking note of the community’s demand for accountability and change in the Police Department.

Some members of the City Council are starting to question the chief’s leadership style, which Councilman Sam Liccardo called “inflexible.”

Liccardo has been one of the chief’s most outspoken critics. He’s been pushing the council and the chief to revamp the downtown-policing model to scale back on the number of police officers, among other things.

“No elected official wants to take on the police department unless things get incredibly bad and that is defined as routine attacks on the front page about issues of policing,” Liccardo says. “I think it’s finally gotten to that point.”

NOTE: To read the complete story, pick up a copy of Metro or visit SanJose.com.

55 Comments

  1. the hype about racial profiling is just that, Hype.  So the number of hispanics arrested downtown on weekends for drunkeness is disproportionate to perentage in the city. Figure it out.
    Here is what the Merc and all other police bashers should examine.  What is the percentage of hispanics at the downtown clubs compared to the total population of club goers?

    It would be like fireman rescuing attendees at a Bar Mitzvah – most of the people would be Jewish.  Likewise there would be a disproportionate number of Irish at an Irish Wake, or vietnamese at a vietnamese wedding, etc.

    There is some kind of scam going on to slam the SJPD – its all made up and contrived.

  2. So exactly what is the Chief supposed to do? Is he supposed to let his Officers get beat up, blown a way, or killed because he has a zero tolerance stand on crime? Is he supposed to be the scapegoat for everyone who wants things their own way?

    You do realize that criminals out number the Police, and that the State is releasing harden criminals on to our streets due to prison over crowding right? Have you checked to see how many child molesters live in YOUR neighborhood right now? Please do, it will frighten the hell out of you!
    And you do realize that criminals are more likely to be high, armed, and more violent than ever before right? So what do you expect the Police to do when a young man in a group is refusing to move, or follow a Police directive? Should the Police take action to get the problem resolved or evaluate the race of the person before he/she decides it is time to take action? Or do the Police have to start having cameras everywhere they go to protect themselves from false accusations?

    And what the hell ever happened to these troublemakers taking some personal responsibility for their OWN actions? I see our society beating up the Police, ignoring the victim, and worrying MORE about how criminals are treated. I’m tired of it.
    Where are the parents of these people? Why are these young men and women out and about fighting, drinking, and causing property damage in DT? And why is our Chief being held solely responsible for the behavior of these criminals, and actions taken by his department, when our Mayor and City Council are telling him how to do his job?

  3. When I walk outside my neighborhood, there are police everywhere. Rolling up and down the streets. Sometimes I get pulled over coming from the grocery store or what have you. It can be a bit of a nuisance, but you know what is a greater nuisance? That for every patrol car driving by, there are 10 gangbangers on the streetcorner, or in the park. The police are in the hood because the gangsters are there first. And I do live in downtown.I don’t blame the police for doing their job, I blame us for giving anyone all the ammunition needed to stereotype us. Like I tell my folks.. Put the beer down and get a job!

  4. Here’s a comparison!
      I went to the San Jose Flea Market to see the Old Car Show, complete with a 50s live band music.
      There must have been 100000 folks of all nationalities, but I would say that most were Hispanic.
      Beer carts everywhere. Mariachis playing, barbeque smoke everywhere, Absent were the San Jose Police Dept. I did see one directing trafic in and out at the Maybury entrance. The HP Pavilion is pretty much the same. lots of Police but only directing traffic
      My question is and has always been, why just in the down town core do all of these arrests occur. I’m sure the attitude of the San Jose Police Dept. is to enforce the laws, but it seems to me from what I have been able to gather from the Merc. that the Police have been enforcing, not the Laws , but the attitudes of who they come into contact with. I will agree that both the folks being arrested and the Police need not be put into such a goofy situation.
      The people responcible for creating this hot bed situation in the downtown, where it appears anything goes, are to be made responcible for what is draining our cities coffers.
      Sam Licardo I’d like to read your views of what to do with all these dive bars and night clubs that are all crowded in your down town district.
      I will say this It sure has kepted many of us out of the downtown after all the dive bars have opened for the running of the gauntlett.
      Santana Row is clustered and packed, yet what is the difference. There I feel safe after dark. I hope some one figures out a way to give Downtown San Jose back to the people. Until that happens It’s The Mt Hamilton Grandview Resturant on the East Side with that spectacular Sunset for me.
      Cinco de Mayo? Forget about that! I’m headed for Santa Cruz for the week end. All of the exits are closed into the East side after that downtown event. What’s that all about. Why not have the event on the eastside and close all of the exits into the down town. Would that not make more sence.
      It frightens me to feel that all of this nastiness expressed here on SJI is deviding the heart and sprit of our Village. Does the City have a phychiatrist on staff? We hear from the City Attorney all of the time of late, Let’s give the City Phychiatrist a shot.
      I know what your thinking Reality and Kathleen!
      “What are you Nuts”?

          The Village Black Smith

  5. For sources Metro/SJI gives us a Police union guy, Rick Callender (whose own run-ins with SJPD are well-documented, just not in this article) and a pissed-off bar owner who pours the drinks that help cause the problems.

    A stellar piece of journalism!

  6. Reader (#7),

    Don’t dismiss Rick Callender’s experience with police issues… he has the kind of experiences few of us have: as the perpetrator of a brazen, violent assault against a citizen in Los Gatos; as a defendant convicted of a felony in a court of law; as a ex-con who used his political connections with the NAACP to have a high priced local mouthpiece get his felony conviction, years later, reclassified as a misdemeanor; as a self-described victim of a racial profiling incident that was laughably invented; and, of course, as an oft-cited, never questioned expert on police attitudes, tactics, and leadership.

    No, don’t dismiss Mr. Callender’s opinion… despite his poor character he makes more money in his pork-barrel job than does a deputy police chief. We really need to listen to him because, well, he is black, and isn’t that really all that matters these days?

  7. #5-Sweetness,
    Good for you! Well said!

    #6-Gil,
    Streets are blocked off to control traffic.

    The Flea Market has a trailer up front at the entrance with at least 10 Police Officers paid to patrol.

    Santana Row employees Security, and the Police patrol it often. I know I’ve been there. 

    I’ve always thought Alum Rock Park would be an awesome place for Cinco de Mayo. DT is NOT! Too many drunks driving around causing problems for businesses and home owners.

    No, I don’t think you are nuts! I actually agree with you. Our City and our Police need to find a better way to resolve these problems. The Merc is just stirring the pot on this issue. How else are they going to sell papers?

  8. At the end of the day, the facts are the facts.  Chief Davis is a great listener but NOT flexible.  The world we live in is not solely black and white…gray areas exist that call for flexibility in thinking…“out of the box.”

    Yes, his position is to protect us but is it also his position to judge us according to only his standards?

    The people have spoken on more than one occasion, black, white, red, brown, male, female, you name it and they all say the same thing…Chief Davis is listening but he isn’t HEARING us.  No matter the cause at the end of the day, the only opinion that matters to Chief Davis is Chief Davis.

    I want to be protected in the community I reside in not caged up because I happen to live within the city limits.  I want a Police Chief who hears a cry out for change and reacts accordingly.

    The writing is on the wall, yes indeed Chief Davis, you are no longer the face that protects the City of San Jose, you are the face that has created a gilded cage.  A gilded cage is still a cage.

    Set us free from the tyranny you have created in the City of San Jose, resign.

  9. Reality #11,

    I use the name Barney Fife because I’m referring to Chief Davis as barney fife.  He’s has never been a real cop; simply just a joke!!!!  If a real crisis happened, he wouldn’t be able to get the bullet out of his shirt pocket!!

    Steve #12,

    If his job as chief is “Thankless” he should quit ASAP.  We don’t need a chief that feels his job is thankless.  There are 100’s of qualified men and women around the country that would jump at a chance for his “thankless” job.

    Barney

  10. We are tough on crime, we just don’t need to get soft on it, in the manner that Raj and his followers view it. Hey I know quite a few felons and crooks, they are loved members of my family, so my views are not from textbooks or case studies, for me this is real. It is a known fact that many felons do not like committing crimes in San Jose and Santa Clara County in general. As it was told to me “In San Jo, they hand out time like candy on Halloween!” So they go elsewhere, yes San Jose exports criminal behavior to Oakland and Frisco, because those cities are soft on crime. Like my bro. told me when he got out.. “In San Jo, they tell it to you straight,… you either fly straight or you’re going back. period” and you know what? That is the message that needs to be sent.. Fly straight or you get snatched up!

  11. Gil Hernandez wrote:“There must have been 100000 folks of all nationalities, but I would say that most were Hispanic.”

    So, if there were trouble, one should expect a “disprpoportionate” number of Hispanics to be arrested, right?  Well, not if you’re Erin or Raj, or Rick C.  It would never occur to them that any group would commit crime in a greater proportion than their percentage of the population.

    Anyway, all the minority so-called spokespersons have called for the PD to keep statisitics on the race of people detained or arrested.  Chief Davis should go one step further—keep statisitics of the total make-up of downtown partygoers.  It may turn out that a “disproportionate” percentage of the DT revelers are Hispanic, as they were at the event Gil described. Then what, Erin, Raj, Rick C.?

  12. All,

    The family of murder victim Vahid Hosseini needs your help! We are meeting at the Willow Market, 215 Willow Street, in San Jose, Ca. 95110, MONDAY, April 13, 2009, at 6:00pm, to pass out fliers with Police sketches of the men they think murdered him. PLEASE come and help us get the fliers out. Tell your friends, and PLEASE pass this on to everyone you know! This grieving family, and the Police need our help NOW!

    Thank you for your help!

    Kathleen

  13. Political Cowboy please. Caged, tyranny!? OK,…just so you have no doubt,…we hear you. We get it. You are a useful idiot. Your “end of the day” facts to support your claims are MIA. I think they rode off with your horse.

    Sweetness nailed it and the rest is just gravy. You and Barney Fife can go open a Sheriff’s Office somewhere. Raj can be your Sheriff and issue out water guns. Leave the city to the city folks.

  14. 95% of our citizens support the SJPD and think they do a great job. Why do we allow the 5% of the rebels without a cause and an axe to grind to dictate how our police department should be run? They should be told to deal with their own collective problems first and to shove it until then.
    I am sick of our society kissing the ass of every special interest group to be politically correct. No change will ever be enough to satisfy their complaints and the sooner we quit trying to appease these losers the better off we will be. Chief Davis has made changes to pacify these groups yet the whining is louder than ever. He has a thankless job and deserves our support.

  15. John Michael,
    It will be interesting to see if Raj cares more about victims of crime, and gets some of his buddies and himself out Monday night to help the Hosseini family pass out fliers, in an effort to help the Police capture these murders. Or if he is too busy going after the Police Department to be bothered to come.

  16. Actually it’s the law enforcement supporters who want the chief gone. Look at all the departures and resignations in the upper ranks. Davis’ own troops want him gone because he’s an ineffective and insecure leader. His downtown policing strategy has drained city resources while graffiti has proliferated, drug dealers have taken root in neighborhoods and the city has lost it’s status as America’s safest city. Let’s get tough on crime and find a chief who can get the troops marching in the same direction, not all over the map like a bunch of ineffective, leaderless lawmen (and women).

  17. #18: Counselor, you are assuming facts that are not in evidence. (For the rest of you that’s legal speak for “That lawyer doesn’t know WTF he’s talking about.”)
     
    Are you seriously suggesting that our police department has failed to investigate this cold blooded murder because they also patrol other parts of SJ?

    Linking an unrelated murder to the controversy surrounding downtown policing issues is the kind of bizarre non-connection we might expect from the Merc, and now Metro,  or others in the SJ’s little anti-law enforcement lynch mob. Did Raj save you a seat on the knee-jerk, anti-cop bandwagon? 

    #20. Good point. Let us know, won’t you?

  18. 20—Nice going. In your world anybody who doesn’t show up to handout fliers on Monday is therefore anti-police?? It’s these kinds of broad, non-fact supported, generalizations that are making this site a waste of time. Try to improve, people.

  19. #18-JMO- Your remarks, while understandable, are not true at all. The Police and the Chief have been working very hard to help the Hosseini family through this, and they have worked very hard to find out who did this. The Police have to depend on the public to speak up when they witness something. Many people are frightened to go to the Police, and that is why they are encouraged to call Crime Stoppers and report anonymously. Many times reward money is the only reason someone comes forward, and the family has raised $40K on their own. Much of it has come out of the family’s OWN pocket.  Chief Davis has asked the Governor to add $50K to the $40K reward money the family has already raised. We are waiting for the Governor to respond.

    Chief Davis came to the Peace March last year, and so did several members of his department. The Police made sure no one was harmed or injured during the march. Chief Davis, the SJPD, and their detectives have done an admirable job, and the family is very grateful to them. Please remember this, many crimes go unsolved for a lifetime because people with knowledge DO NOT come forward. We are all very glad to know that witnesses are starting to speak up, and help this family get justice. So please, come Monday and help the Police AND the Hosseini family get the word out into the community.

  20. Unless I missed it, everyone has failed to note the Merc’s slight of hand in comparing numbers of arrested American Latinos to just one other demographic, the diverse white American peoples in San Jose.  By excluding African Americans and Asian Americans from its “statistical” analysis, the Merc lied to you.

    In addition to that, the Merc deliberately chose to compare arrest records from what is arguably the youngest ethnicity on average in San Jose with what is arguably the oldest ethnicity on average.

    I don’t know that honesty by Merc (comparing arrests by age cohorts and other demographics) would have changed the picture we have before us, but it would have been more nuanced and more informative.  Youth of all demographics need some seasoning to avoid situations like these.

  21. Steve # 19:  I couldn’t open your “link”.

    I don’t know how often you read my posts; but if it is with any frequency, you must realize that I am very PRO cop.  I am close to the antithesis of Raj & Erin.

    I am afraid I’ll need a lot more information to change my view that taking 11 months to get a sketch out for public distribution fails to meet my test for effective investigation.  Please prove me wrong.  I can’t quite get why it took 11 months to locate a witness to provide info. to compile the sketch.  If your assertion is correct, you must be a cop or close to a cop working the case.  If not, you’re just making that stuff up.

    By all accounts, Mr. Hosseini was a respected and beloved member of the community.  Those sorts of victims almsot always elicit a prompt community response.

    Reader # 21—there was no link—it was a tongue-in-cheek reference to other issues on SJI re policing in S. Jay. 

    Kathleen #23:  entiendo que sucede en el barrio, pero eso no explica el retardo largo obtener el bosquejo.

  22. #22-Jimmy Olsen,
    People are their principles, and actions speak louder than words. Some scum robbed my friend at gun point, shot him execution style, and left him to die in a parking lot. His wife, daughters, his Father, and family are in horrific pain over their loss.  If Raj can find the time to follow the Police around downtown, and write opinion columns on them, why is it unreasonable to ask him to put some of his energy into something as important as helping a crime victim’s family?

    Also, Raj has continually complained about the City ignoring the arrests of Latinos for drunkeness in San Jose, but he and other members of the “Task Force” refused an invitation to work with the Consortium, on the supposed discriminatory arrests of Latinos in San Jose. I guess he and his cronies are either too busy complaining, or are too concerned with pushing their own agenda to work in collaboration with a group of neutrals whose only goal is to gather the facts, and compile credible documentation on the issue.
    http://watchdogsiliconvalley.blogspot.com/

    Like I said, actions speak louder than words, and people’s actions speak volumns about who they are.

  23. As others have said, the Police Chief is a fall guy for Reed and Victor Ajlouny.  As with Wilmer in the “Maltese Falcon,” Reed and Victor (in between his doing the accounts for the family belly dance business), are standing over the Chief demanding he quite so they can be saved.

    The New Police Chief will be Peter Campbell, who will tougher and will bring back the old style Paddy Wagons to take those downtowners away.

    One blog even suggested the Chief’s Mormon faith has something to do with it.

    Was that a nice thing for an OPEN SPACE AUTHORITY BOARD member to do?

  24. Kathleen, as I sure you know by now, Raj is not interested in collaboration. He taps out a few words declaring his interest in other perspectives and then it is followed by zero dialogue. Raj understands that his magic show can not stand the test of facts and reason which is why he does he drive-bys and hides until his next column is done.

    Raj is a coward. A move north for him to SF would benefit all concerned. His crap will sell there. Here we still call it crap.

  25. #25,

    On the contrary, you must have some inside information that the detectives dropped the ball since you think they took too long locating a witness and releasing the sketch.
    Please let us know what inside information you have, or are you just making up your assertions? Probably so since that is standard operating procedure for most in your stated profession of being a lawyer.

    By the way, the Mercury article about this case states that a witness recently came forward, thus why the sketch is only now being released.

    http://www.mercurynews.com/topstories/ci_12099562

     

     

    http://www.mercurynews.com/topstories/ci_12099562

  26. #16 John Michael O,
      You missed my point completely. If Hispanics are the problem in this community, why are they not the problem anywhere else but in the down core.
      I spoke to several people that are blind to what is happening in the Down Town Core. The thought occurred to me after reading about the Cesar Chaves trail, that, what would solve much of the problems down town at night is a complete BOYCOT of the Down town by the folks that spend their dough there. End of problem! That would then make the arrests tip the other way. We could call it the Down Town Dive Bar Boycot, or
    We Don’t Got To Sho You No Astinking Badgges Boycot!
      We want to change Our community, Right? Let’s begin by changing our selves first!
      Have a great Easter Week end. I think I’ll go work in the Garden while I still own one!

                Gil Hernandez

  27. I am not one to post comments, but would like to make one small note in response to post #26:

    It is true that Raj (on behalf of DeBug) has signed on to a letter stating that he will not be providing substantive feedback to the consortium at this time.

    However, it would be unfair to judge his willingness to work collaboratively based on this decision considering his is just one of seven organizations (comprising the majority of community representatives on the Public Intoxication Taskforce) to sign it. This list includes the La Raza Roundtable and La Raza Lawyers Association – not known for being anti-cop.

    Additionally, the letter does not state that the signing organizations are refusing to work with the consortium indefinitely, only that they are doing so until they resolve some outstanding issues with the City that are related to how the Taskforce issues have been handled.

    While these points may not change anyone’s opinion of DeBug, it is important to at least acknowledge the context of their signing on to this letter.

  28. #31-Anonymous,
    I disagree. The writing and signing of this letter show a real unwillingness to collaborate with the “Neutrals” requesting the meeting. As the article clearly points out, the Consortium was in no way required to contact the Task Force, or invite them to give input. By refusing to cooperate and work in unison with the Consortium, this “Task Force” is staging a political drama in an effort to undermine this Consortium before it even gets started

    It is rather sad to think that the groups of individuals on this Task Force, who are far from being as educated in this area as the experts on the Consortium are, have refused such a wonderful opportunity to help the very people they claim to represent. Working with the Consortium would have lent credibility to them, if evidence were found to support their claims against the Police. I guess playing politics and creating a name for themselves out weighs the importance of the issue at hand.

  29. I have one question for Raj – Why did you sign a letter saying that you would not provide substantive feedback to the Consortium, and refuse an invitation to meet with them? 

    #31 – Anonymous,
    I appreciate your opinion, and what you are trying to say, but as you might have guessed, I have to disagree.  Whether Raj and the Task Force like it or not, the Consortium is here to do their report.  That is not going to change.  The Task Force is being given a valuable opportunity to be a part of the process by meeting with the Consortium. It would allow the Task Force to put their issues on the table, bring in their evidence, and be an active participant.  Instead, they chose to sooth their egos, and act publicly offended.  By signing this letter, they chose to put their egos before the issue they say they are concerned with.  In effect, they hurt the very cause they say they are trying to fight for. 

    By all descriptions, this Consortium is a group of ‘neutrals’ – educators who do not have a stake in either side of this debate, but are going to come in, talk to all sides, gather evidence, and present a report.  By publicly refusing to be a part of this effort, they have marginalized themselves as extremists, and lost credibility in the eyes of not only the Mayor and Council, but the community as well.

  30. Kathleen and Christian,
    I’m attaching below the letter that was sent to the CPLE. I think what it important to note that the community stakeholders are not refusing to meet or collaborate with the CPLE (as #31 said), we only would like to get some clarification from the City on the relationship between the taskforce and CPLE, so we can move forward in an informed and useful way, before we meet with them. Im actually looking forward to it. As you remember, we were completely blind-sided by the announcement. Our critique is with the decision-making process by the City. Some of us have already gotten apologies from councilmembers, because they assumed the PITF was already informed about the CPLE study and had our approval.Both of which never happened. The first I heard any substantive description of them was on the day the Mayor had a press conference about it. A Campos staffer called that morning and told me the CPLE is being brought on board due to issues raised at the PITF mtgs. If thats the case, why not inform us of the plan? Get feedback?

    We haven’t even had Public Intoxication Task Force meeting yet (since the announcement of the CPLE) and at the next one we are supposed to get more information on the consortium and their relationship between them at the PITF.

    Again the suspicion is not nec. with the CPLE, but how the City is engaging with them. For example, while the City has been resistant to releasing the police reports to the Task Force, we repeatedly hear from Davis that the consortium can have whatever reports they need to conduct their study. What happened to all that talk about the logistical impossibility of record redactions that was used to keep the reports from us? Why is record release logistically feasible all of a sudden just because the CPLE asked for it? Is there a special wink that academics use that we can learn?

    Outside of all that, my personal concern really is how long the study will take and its ability to translate into needed and urgent changes. They are still not done with their work in Denver, and for them to make their comprehensive academic review, they will require a significant amount of time.

    What happens in the meantime? My more cynical side can see an ongoing, and well-intended, academic review being used as a shield against critiques leveled at police practice. Just wait until the report comes out, we maybe told.

    Plus, with the newer Merc coverage comparing San Jose and San Diego’s arrest rates with 148’s and 415’s, it is clear that the issue is not only about drunk in public arrests. I don’t know if the City is just going to keep creating piecemeal Taskforces, or see this as an opportunity to make more immediate, broad based changes.

    The way I see it, the reports are piling up, and the City has to be in a “Emergency Response” type dynamic right now, even while the CPLE is MOU is being developed, in order to rebuild trust with the public. The implications, I think, is not just about the relationship between the public and the police, but the public and local governance. They,we, are rightfully expecting action in the face of mounting front page news reports that are quickly being talked about across the country.

    Please believe, this is a defining moment for San Jose.

    (Below is the letter…)
    To: Consortium for Police Leadership in Equity (CPLE)

    Re: Possible Meeting Dates

    April 8, 2009

    We, the undersigned community stakeholder representatives on the City of San José’s “Public Intoxication Taskforce”, would like to thank you for your invitations to meet to discuss our concerns regarding police practices in San José. We appreciate the consortium’s recognition that the participation and collaboration of community stakeholders is vital to the legitimacy and success of the proposed partnership between the City of San José and the CPLE.

    Unfortunately, due to several unresolved issues stemming from the City’s announcement of the proposed partnership with the CPLE, at this time we must cancel any scheduled meetings and decline all pending invitations/requests for substantive feedback from your organization.

    We want to assure you that this in no way represents a lack of commitment or interest from either ourselves or the communities we represent. These issues remain a high priority within our organizations and we will continue our involvement and support for the diverse communities of San Jose to the fullest extent that we can, pending the resolution of our outstanding concerns.

    Kindest Regards,

    Rev. Jeff Moore, NAACP of Silicon Valley

    Alfredo Morales, La Raza Lawyers Association

    Pete Carrillo, Silicon Valley Latino Democratic Club

    Raj Jayadev, Silicon Valley DeBug

    Walter Wilson, African-American Community Services Agency

    Skyler Porras, ACLU of Northern California

  31. Raj,
    Thank you for responding. Happy Easter!

    Over the past 15 years, I have sat on several committees, a Task Force, on a county commission, and several Boards. If you honestly believe that “advisory” means they really want your input, or that you have any power to make real changes needed, then you are very much mistaken. It is very sad indeed that we volunteers, and caring community activists are lead to believe that all our hard work, and input is of any value at all because it rarely ever is. Hence the reason I will never sit on one again.

    I see them as a serious waste of time, and energy, as well as a “shut up, and go a way” committee/task force, board that allows government to look like they care. Having said that, I agree, if the Consortium is going to be allowed to view records and documents you needed on the Task Force but were refused then that is both unethical, and unprofessional. I also agree that your Task Force should NOT have been blind sided in that way. It was disrespectful of the City to waste your time and efforts by bringing in another group to evaluate the problem, without bringing it to your Task Force first. 

    Having said all that, I must again tell you Raj that I completely disagree with the stand you and other Task Force members are taking here. I think you all need to rethink your stand on this. It is petty. By behaving like you are, you are validating the perception that you are unwilling to be neutral, professional, that you are unwilling to admit you may be wrong about the stand you are presently taking, and unwilling to be collaborative with a credible entity that is far more knowledgeable than you are in this area.

    Also, if you are looking for a quick fix to this problem, think again. You are young and want things now and it just isn’t going to happen. Changes of this magnitude take time, study, and credible documentation, FACTUAL stats, unlike those of the Mercury News, and other bias medias, and thorough examination to verify the credibility of all the evidence. If you look back through out history, no significant change has ever occurred over night. You must be patient, dogmatic, and persistent, but you cannot rush this by being political, or by creating more discourse.  It will only serve to harm your aim.

    Start working with the Police Chief, the Mayor’s Office, Council Members, and others in office. When they see you only want the best, and are not out to embarrass, or SUE them, you’d be surprised how quickly things will get done. Good luck to you~

  32. Raj,

    If you feel there is no time for a serious academic review, what do you propose?  Is there anybody on the task force with the appropriate qualifications to analyze what must be a large amount of diverse data? If there is, please identify the person(s) and what makes them qualified to conduct such a review.

  33. 99.9% of the people are supportive of our police department. You and and the others who signed the above letter represent a tiny fraction of our community. It is really too bad that your groups get the unwarranted attention they do. We are all less safe because of it. If some task force if formed I am very glad your group is not on it. It is extremely obvious that you have already made a conclusion of guilty towards the police department and you should be excluded just as a potential juror would be dismissed if they showed a prejudice towards judging the accused as guilty.

  34. Roll call of left loons making our city less safe for citizens and the cities finest:

    Rev. Jeff Moore, NAACP of Silicon Valley

    Alfredo Morales, La Raza Lawyers Association

    Pete Carrillo, Silicon Valley Latino Democratic Club

    Raj Jayadev, Silicon Valley DeBug

    Walter Wilson, African-American Community Services Agency

    Skyler Porras, ACLU of Northern California

  35. #36 Steve0,

    Best point of the entire discussion. everyone pretends to be a statistician.

    god help the city for actually trying to bring in some experts to analyze data and identify reforms to protect against potential false arrests and racial profiling. How dare they bypass a bunch of radicals who have dedicated their careers towards this exact fight and seek independently-minded people with, you know, degrees to do this work.

    Raj, the real question is – what have you accomplished? You’ve held up a task force from doing what the mayor and council asked it to do. You have lost all political capital with city staff and the city council, so much so that they’re now going around you. and now you’ve refused to talk to CPLE, trying to derail that process as well. Guess what Raj – You have very little power in this city. You dont get to make the rules. You only get to give your opinion and try to be part of any solution. it may be frustrating, but the only way to make change is by being an adult and learning to work with people.

  36. #45,

    I think the issue that Jayadev is trying to raise is that when members of the task force appointed by the city council requested that at least a portion of records relating to police and arrest reports be turned over to the them (with personal information redacted of course), SJPD and the city attorney could only respond with huffing and puffing about how this would be so hard, unnecessary, and raise privacy concerns. In effect they said ‘we appointed you to a task force to look at an issue, but we won’t give you the basic information the city has on hand about the issue.’

    Then a month or more later the council, without consulting the task force, is now bringing in another group to look at the same issue and handing them over that very information…. so of course this should raise some critical questions. Perhaps this body will do an excellent review on the issue, but perhaps the time it will take them to finish their report will create delay and sweep the issue under the rug for the time being. The council is not helping promote goodwill in its bumbling attempt to address the issue.

    JMOC, perhaps a shirt with “Cannot respond to issues of substance” would be best for you and your grouping of folks who seem determined to look the other way and point in every other direction in the face of an overwhelming amount of evidence…. As they say, Denial is not just a river in Egypt.

  37. I sure hope Chief Davis’ days are numbered. While there are larger issues that need to be addressed, the departure of Davis would be a welcome step in the right direction. When the issue of the public drunkenness arrests first surfaced several months ago I attended a city council meeting where dozens upon dozens of residents gave testimony around unfair arrests and treatment by SJPD. Also available at the meeting was a report by the IPA discussing the use of “attitude arrests” by SJPD, no doubt written in 1994(!).

    The response of Davis (with support from Mayor Reed of course) was to deny that any problem even existed and claim that most of the arrests were of individuals from out of town. Weeks later the Mercury News published their report looking at the numbers and found that (lo and behold) arrestees were overwhelmingly San Jose/Santa Clara County residents and that arrests were indeed racially dispassionate and in far larger numbers than similar cities in California.

    This shows that Davis either makes statements about important issues that effect the community and many are concerned about without checking his facts or that Davis is attempting to deny or spin issues in a way that seeks to deflect criticism, though he knows that the facts are otherwise. At best we have poor leadership and incompetence, at worst we have a Police Chief that lies and denies around critical issues. Chief Davis needs to go, followed by the other faces in City Hall that are playing the role: Constant and Mayor Reed.

  38. # 37 John Michael O’conner
      You know what scares me more than heavy handed cops and politicions?
      It’s folks that pretend to be who they are not, and nameless hipocrites that spew slurs! Now that’s frightening!

            The Village Black Smith

  39. Adam 43 told us:“several months ago I attended a city council meeting where dozens upon dozens of residents gave testimony around unfair arrests and treatment by SJPD.”

    Adam, go to San Quentin or Folsom or Soledad.  Almost every inmate there will tell you he’s innocent.

    I have little doubt that some arrests are unwarranted, and some are made with excessive force.  But just listen to the news when some multiple felon is arrested yet again, and the media trots out his family singing his praises as the nicest guy since The Dalai Lama.  Every scumbag’s family thinks he’s a peach of a guy.

    Adam continued:“arrestees were overwhelmingly San Jose/Santa Clara County residents and that arrests were indeed racially dispassionate and in far larger numbers than similar cities in California.”  Hit the dictionary, Adam, and look up dispassionate.

  40. #47,
    Thanks for your post. When opposing positions resort to your sort of inflammatory rhetoric it is because they have no facts left to back their argument. You have made our points much better than we could have.

  41. #47 COWARD. That’s you. In fact I do support the Minutemen and doubt you do or are associated with them. Why are you afraid to identify yourself? And YES, I was at the rally. Were you shaking in your Birkenstocks at the local ACLU wondering if the police were gonna stop you and hoping your fake weed card would work ?

  42. #51-Rob,
    I too think Chief Davis is a wonderful man. A friend of mine, Vahid Hosseini, was robbed and shot execution style in broad daylight, in a Bank of the West parking lot last year. Chief Davis has done everything in his power to help Vahid’s family through this difficult time. He went to the peace march Cassandra Hosseini held in honor of her father last year, he also petitioned the Governor to add $50K to the $40K the family raised for the reward fund in Vahid’s death.
    Chief Davis and his department have been both compassionate, and caring of the Hosseini family, and he deserves to be acknowledged and respected for that. They finally have sketches of the possible killers. I don’t care what others think of him, his ACTIONS have shown him to be a superb man, with a real sense of caring for this community. I thank him very much for his dedication to the VICTIMS of crimes in San Jose.

  43. Rob Davis is one of the best people I know.  He is dear friend to me and my family and is an outstanding officer.  There is a reason why San Jose has been one of the safest big cities in the country for years, and it is because we have officers such as Chief Davis at the helm.  I think it is ridiculous to write such misleading articles such as this and the one that was just written in the Merc because the number of public intoxications downtown reflect the demographic of residents of the downtown area.  He has done nothing but exemplify an outstanding public official, and I am glad to call him my friend.

    We should all be grateful for our Police Chief, and how he is cleaning up our streets so our kids can continue to grow up in a very safe community!

  44. Adam W. in San Jose, CA

    No one can complain that you hold the police chief accountable for being inaccurate in his public statements; his job, at least the way he views it, is to meet with the public and “manage” its concerns and complaints (all the while appearing to be as helpful and unthreatening as a cruise ship director). If Davis stated something that was not true then there can be no excuse: a police chief’s statements to the public are seldom affected by the kind of urgency that regularly challenges the lowly cop on the beat. He could’ve gotten it right; he has the resources required to do so and if he takes it upon himself to offer glib responses or shoot from the hip when responding to issues thought important by some, he deserves to take his lumps.

    Davis, like all who “manage” instead of lead, utilizes a strategy designed to insulate himself (and his professional reputation) from the problems and controversies that impact his department. He does this by presenting himself as open to everyone with a concern or complaint, listening attentively, outwardly demonstrating compassion and/or understanding, and leaving the impression that the situation will be examined further or remedied. In most cases, the person complaining will experience the delusion of a personal connection with the chief and the satisfaction that comes with venting a concern. These will have a powerful, positive effect, even in some of those cases where the chief does nothing. But what that person will not experience is a blunt explanation of the law or his/her own misperceptions, as bluntness and brutal honesty, though often beneficial to the public, are not qualities befitting a professional police manager.

    In other words, when dealing with Chief Davis don’t confuse good manners with credibility.

    As for the rest of your post, I do have a few complaints:

    1. No single arrest statistic is an island; absent context, a statistic could be found suggesting just about every known type of group discrimination. Arrest rates are effected by the time of day, day of week, location, weather, plus the age, gender, intelligence, and cultural background of the offender. For example, were you to use DUI arrest statistics in San Jose, you could make a case that there are almost no Japanese people in this city—and not a single blind alcoholic.

    2. You want the release of arrest information to decide the case? Why would that be needed when the actual arrested people are at the disposal of those complaining? If there are a substantial number of wrongfully arrested people then it would be a simple matter for an attorney to put together a class action suit and win it. Such an attorney would have access to all the records and reports he needed. Of course, to win such a case the arrested people would have to be of decent character and have stories credible enough to stand up to cross-examination. Maybe the answer lies there.

    3. Mothers, students, respectable people with jobs, and even restaurant owners sometimes commit crimes, sometimes lie, sometimes incorrectly recall their actions when intoxicated, sometimes fall under the spell of a political movement that can elevate them from public idiot to minority victim. For example, there is at this very time a Hispanic businessman, a family man with a good reputation and a catholic education, charged with an incredibly stupid case of murder for hire. If everyone on his jury is as generous and trusting as you seem to be, that guy is going to walk (or maybe float away on your raft).

  45. #51-52
    I’m sure Davis is a fine person, but how in any way does this have to do with his complete denial of the issues until he was forced to recant after the figures in the paper showed he was completely wrong?

    If any of us made a mistake that bad, we would be about to loose our jobs too.

    And to #51 on the arrests reflecting the demographics downtown- do you have any evidence of this? Of the thousands of folks who come downtown every weekend the majority cannot possibly all live in such a small area of the city. The majority of San Jose’s population live in areas outside the down town… Of course we might be able to confirm all of this if the council would *actually* release the arrest records to the task force they appointed to look into the issue. Sadly they continue to trip over their shoelaces on this issue.

    #48
    You can attempt to compare the folks who gave testimony to prisoners, but the folks that I saw testify at the council were mothers, students, respectable folks with jobs, and even someone who said they own a restaurant in the downtown.

    Again, Denial is not just a river in Egypt my friend. But apparently your inflatable raft has been floating down it for quite some time.

  46. The police can protect citizens from crime without using public drunkenness laws to make attitude arrests.

    Yes, to all of the commenters that want to crack down on crime, the police can do their jobs without being jerks.  Speak for yourselves, not the members of the community that are sick of being harassed.

    Will someone please tell Chief Davis the police are supposed to be professionals?

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