Supervisor Joe Simitian proposes new reforms for the Santa Clara County Sheriff’s Office

Santa Clara County Supervisor Joe Simitian announced Friday a package of new policies aimed at curbing police violence and excessive use of force, calling it a necessary step to improve local law enforcement in the wake of nationwide protests.

The proposals would require the Santa Clara County Sheriff’s Office to revise its use of force policies to be consistent with the 8 Can’t Wait campaign, a series of reforms that could reduce the rate and severity of officer-involved violence. They would also prohibit the hiring of officers with a history of excessive force, and would curtail or eliminate the use of tear gas and rubber bullets on protesters.

The long list of changes, if approved, would affect all Sheriff’s Office staff, including correctional officers, but would not extend to city law enforcement agencies within the county. Individual cities including Palo Alto have considered similar policy changes in recent days.

Simitian’s proposal comes on the heels of massive, ongoing public demonstrations over the death of George Floyd, a black man who was killed by a white Minneapolis police officer last month. During the May 25 incident, Officer Derek Chauvin restrained Floyd by pressing his knee on Floyd’s neck for nearly nine minutes, during which he asphyxiated.

In a Friday press conference, Simitian said the events that took place in Minneapolis are “deeply disturbing” and inherently inconsistent with equal justice under the law, and that such tragedies are common and “weigh heavily” on communities of color. His hope is that the community can turn the public outrage into real change.

“The question that arises after any tragedy of this sort is after the protests — after the anger and despair and grief that people feel has been shared — will we be able to translate all of that into some measure of resolve to step up and do better,” Simitian said. “It is my belief that it is absolutely essential, and this is a moment in time where we have to step up and do better.”

The raft of changes put forth by Simitian, which will be voted on by the Board of Supervisors on June 23, would compel the Sheriff’s Office to review its use of force policies and make changes to be consistent with 8 Can’t Wait. This includes bans on chokeholds and shooting at moving vehicles, as well as stringent requirements that officers de-escalate situations before using force.

Simitian is also seeking to prevent the Sheriff’s Office from hiring officers with either a history of excessive force or serious complaints of misconduct; create a public inventory of all armaments owned by county departments; limit acquisition of “military style” weapons; and ban or limit the use of rubber bullets and tear gas as a method of crowd control.

The use of military equipment by police departments has been particularly controversial over the last decade, as dozens of Bay Area police departments have acquired surplus military equipment — at no cost — through a federal program. The Mountain View Police Department used the program in 2014 to buy 20 rifles, while the county Sheriff’s Office used the program to buy camouflage and reflex sights.

Simitian said he informed the Sheriff’s Office of his proposal but had yet to discuss the policy changes in detail with law enforcement officials. Representatives from the Sheriff’s Office did not immediately respond to requests for comment.

Since the death of George Floyd, police reform advocates and city officials across the country have increasingly questioned the outsized role that law enforcement agencies play as first responders, in many cases handling calls related to homelessness, drug abuse and mental health crises rather than dangerous criminal activity.

Simitian said the county has highly trained experts in the fields of social services and health care who are better suited to handle all of these incidents, and that “armed law enforcement” is not always the best option to respond to all emergencies. His request is that the county restructure its emergency response so that law enforcement is the backup — not the first option — in these incidents.

In a statement Friday morning, Simitian wrote that he supports responsible law enforcement that keeps residents safe and recognizes the risks and challenges police face, but said that the county must act against inherent problems in the criminal justice system.

“There can be no doubt … that our criminal justice system is deeply flawed; that existing policies not only allow abuse, but, in some instances, actually foster it,” Simitian said. “Law enforcement officials will inevitably do harm if the policies which guide them in the performance of their duties are inherently flawed.”

Though the changes are meant to reduce abuse of force by law enforcement and its disproportionate impact on communities of color, Simitian told reporters candidly on Friday that he has “no illusions” that his policy proposals will solve the problems in their entirety. But he said now is the time to take action and make improvements that are largely common sense.

“I felt, and feel, that it is important that we act with urgency — that this not simply become a story that fades from the headlines in weeks and months, as is often the case.”