| Does the CBA require or incentivize college or post-secondary education? | YES |
| Summary: Allows employees to receive tuition reimbursement up to $1,000 per year |
| Does the city CBA prohibit felons from becoming law enforcement officers? | NO |
| Does the CBA require or incentivize law enforcement officers to learn first aid skills? | YES |
| Summary: Incentivizes POST certifications, which may include first aid training |
| Does the CBA have provisions related to firearms training? | NO |
| Does the CBA have provisions related to training with tasers or other nonlethal weapons? | NO |
| Does the CBA require law enforcement officers to learn any martial arts? | NO |
| Does the CBA require law enforcement officers to submit to regular psychological counseling/evaluation? | NO |
| Summary: Optional, not required |
| Does the CBA require performance evaluations? | YES |
| Summary: "The performance evaluation rating period will coincide with annual shift change" |
| Does the CBA restrict licensing procedures for law enforcement officers or departments? | NO |
| Does the CBA limit union authority to pay and benefits issues? | NO |
| Does the state/city CBA require law enforcement officers to do driving training regularly? | NO |
| Does the state/city CBA require law enforcement officers to do driving training regularly? | NO |
| Does the CBA reference citizen review boards? | YES |
| Summary: Board name: Civil Service Commission |
| Detail: The Civil Service Commission hears officer appeals, but it is not stated whether they review complaints of misconduct |
| Does the CBA require law enforcement officers to take regular mental health training? | NO |
| Does the CBA have provisions related to community policing? | YES |
| Summary: "Eighteen (18) patrol positions within existing patrol teams in BFO shall be designated as Community Policing beats, in high gang and crime districts. " |
| Detail: Officers will be assigned to specific beats and will "liaison with community action teams and attend community meetings." |
| Does the CBA forbid the transfer or reassignment of an officer as a form of discipline? | NO |
| Does the CBA give the union the power to approve or disapprove new training programs for law enforcement officers? | NO |
| Does the CBA have provisions involving the union in the process for promotions, unit assignments, and transfers? | NO |
| Summary: Department has right over assignments |
| Does the CBA have provisions related to the use of body-worn cameras or body-worn camera video evidence? | YES |
| Summary: The CBA covers the administrative review and auditing policies of body-worn cameras. |
| Does the CBA contain provisions related to misconduct investigations? | YES |
| Summary: Does not detail exact procedure, but an independent police auditor (IPA) can participate in administrative interview/interrogation. |
| Do officers have a right to request third-party arbitration for grievances, including over disciplinary actions? | YES |
Summary: Condition: Certain disciplinary action may be subject to the grievance/arbitration procedure;
Selection: N/A;
Provider: N/A;
Arbitrator authority: N/A |
| Detail: Suspension, demotion, dismissal, salary reduction, or transfer appeals can be appealed to the grievance/arbitration procedure or to the Civil Service Commission within 20 days of the notice of discipline. Letters of reprimand can only be appealed to the city manager |
| Does the CBA contain provisions related to discipline for misconduct? | YES |
Summary: Primary discipline authority: City of San Jose, Police Department;
Types: Dismissal, demotion, suspension, pay reduction;
Restricted aspects: N/A;
Challenge/appeal process: Union grievance procedure or Civil Service Commission |
| Detail: Salary reduction may be reduced by no more than one step of the salary range, and amount and length of time shall be specified in the Notice of Intended Discipline. Probationary employees may not appeal rejection on probation. Employees must file appeal within 20 days of receiving Notice of Intended Discipline. |
| Does the CBA explicitly allow for a state ombudsman outside particular police departments to hold law enforcement officers accountable for misconduct? | NO |
| Does the CBA regulate processes for retaining officer disciplinary records? | NO |
| Does the CBA require notice to officers of investigations? | NO |
| Does the CBA determine a timeline for investigations? | NO |
| Does the CBA contain provisions related to compensation during misconduct investigations? | NO |
| Are there any statutes or regulations that prohibit or restrict collective bargaining with police unions? | NO |
| Is there a CBA with the police union? | YES |
| Is the current CBA publicly available online? | YES |