The Santa Clara County Civil Grand Jury recommended today that complaints about San Jose police officers be first handed over to the city's independent police auditor, entering into a dispute between the department and its auditor over who should control and classify allegations of officer misconduct.

According to a report released this afternoon, the Grand Jury is concerned that police internal investigators may under-report allegations of misconduct because they are allowed to classify complaints about officers. The auditor's office raised the same objection to the current system - in which police decide which complaints merit outside investigation - at a city council meeting earlier this month.

The council unanimously rejected auditor Barbara Attard's bid for more direct involvement in the department's handling of complaints. But at the June 21 meeting, the council agreed that the current system is problematic.

It unanimously adopted Mayor Chuck Reed's recommendations that direct the department and the IPA to work together to make the system more user friendly. In August the council will cast its final vote on the recommendations, which includes Attard's request that her agency review injuries or deaths followed by an officers use of stun guns.

Polce Sgt. Nick Muyo said the department believes the city council is taking the right approach.

"We felt it would be a conflict of interest for her office to audit investigations they conducted,"  he said, adding that the department believes its system of classification and investigation is fair and thorough.

While the Grand Jury's recommendations also ask the two groups to work together, they go a step further by suggesting that all complaints should be initially filed with the auditor rather than the police.

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NOTE: The next day, another article was written titled

Grand jury: Reform how cops handle complaints
PANEL SAYS MANY WARY OF REPORTING MISCONDUCT

That article follows below: