Local

Modesto police review board releases draft report as recommendation talks continue

Modesto Police Department building in Modesto, Calif., Saturday, Feb. 11, 2023.
Modesto Police Department building in Modesto, Calif., Saturday, Feb. 11, 2023. aalfaro@modbee.com
Key Takeaways
Key Takeaways

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  • CPRB issued draft recommendations for MPD reforms and city outreach funding.
  • Board urges data transparency, policy updates, and faster officer interviews.
  • Use-of-force incidents and complaints declined since CPRB began meetings.

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The Modesto Community Police Review Board has drafted its second annual report as it prepares to finalize recommendations for the city and the police department.

The report was presented during last week’s CPRB meeting but has not yet been finalized. Once completed, the city and the Modesto Police Department will have the opportunity to respond.

Covering the entirety of 2024, the report summarizes topics the board reviewed throughout the year, including the police department’s recruitment practices, use of polygraph services, and the advisory arbitration process.

In its current form, the board presents seven recommendations to MPD and three to the city, each of which was discussed further during the meeting.

Recommendations to the Police Department

The board’s first recommendation calls for MPD to provide the CPRB monthly updates on critical incidents, as well as on cases that are of particular interest to the community.

The second urges MPD to publish racial, ethnic and geographic data on traffic stops, along with geographic data on use-of-force incidents and arrests, in a format easily accessible to the public.

Other recommendations include requiring the department to set specific timelines and measurable goals for implementing policy changes and training improvements. The board also recommends incorporating clear standards for deescalation, body camera use and communication expectations into MPD’s policy manual.

Board member Trish Christensen called the latter recommendation redundant.

Two of the recommendations are those also made by the city’s independent police auditor in its annual report — both of which were previously rejected by Police Chief Brandon Gillespie. One calls for evaluating the costs and benefits of pretext stops; the other recommends that officers involved in deadly use-of-force incidents be interviewed before the end of their shift.

The latter sparked discussion among board members, some of whom questioned whether immediate interviews lead to better recollection or not. Board member Austin Grant proposed a compromise: requiring officers to provide a statement within 48 to 72 hours of the incident.

“We’re only talking about incidents where somebody lost their life. I think it’s important to make it the point to get that interview as soon as possible,” said Tom Helme, a public commenter. He said that in court, judges often give more weight to statements made shortly after an incident, as the officer’s memory is likely to be fresher.

Anthony Drobnick, another public commenter, cited a study published in the Journal of Experimental Criminology, that found “no support for the position that delay improves officers’ memory” in regard to shootings by officers.

“I recognize there’s not a firm consensus in the academic literature about it, but I think there’s a substantive way to say this recommendation ... is appropriate,” Drobnick said. “Softening it, I think, would be a mistake.”

The final recommendation calls for involving the CPRB and community organizations in the development of policy changes to the police department’s policy manual before those changes are adopted.

Recommendations to the city

The first recommendation to the city is to provide funding for community outreach to raise awareness of the CPRB and its function.

During public comment, Helme said CPRB meetings aren’t listed on the city’s public calendar and key documents, such as the draft report and the independent auditor’s report, are not posted online. That makes it difficult for virtual attendees to follow or participate, he said.

The second recommendation calls for providing a Spanish interpreter at monthly board meetings and translating CPRB materials into Spanish. The current system relies on internet access and technical savvy, which can limit accessibility to members of the community.

The final recommendation asks the city to fund attendance for up to four people — CPRB members and city staff — at the National Association for Civilian Oversight of Law Enforcement’s annual conference in October. Several members attended last year’s event.

During public comment, Drobnick also suggested the board add a youth representative. “I’m thankful for the work you do here, but we need to bring more voices into this space,” Drobnick said.

Board duties and limitations

The purpose of the CPRB is to “promote community engagement and participation in the oversight of the Modesto Police Department” and to help “ensure transparency and community trust.”

The CPRB holds monthly public meetings and prepares an annual report outlining its activities and recommendations, which is submitted to the city manager and City Council. The board refers any public complaints it receives to the city manager, who is responsible for forwarding them to MPD for investigation.

The board also receives prompt notifications of major incidents, such as shootings by officers, and board members are authorized to visit the scene of certain critical incidents.

The CPRB reviews the independent police auditor’s annual report and MPD’s internal investigations. Like the auditor, its role is limited. The board can only review and offer recommendations.

“We need to make it perfect and clear that we have no enforcement. Our role is simply an advisory role and to make recommendations and to forward complaints to the city staff, city manager and/or City Council for their discretion,” said board member Kenneth Bryant. “I think oftentimes there’s a misconception by the public that we have some authority to make enforcements.”

Since the CPRB was established, there have been some changes in the number of MPD’s internal affairs investigations and use-of-force cases, though it’s hard to determine the board’s direct impact. The CPRB didn’t begin holding meetings until mid-2023.

From 2023 to 2024, use-of-force incidents decreased by 11%, while citizen complaints dropped by 11.5%.

According to MPD’s annual reports, there were 11 sustained citizen and administrative complaints in 2023. That number fell to two in 2024, although both reports note that several cases remain under investigation.

The CPRB meets at 5:30 p.m. on the third Wednesday of each month in the City Council chamber, 1010 Tenth Street Place, basement level.

Julietta Bisharyan
The Modesto Bee
Julietta Bisharyan covers equity issues for The Modesto Bee. A Bay Area native, she received her master’s in journalism at the UC Berkeley Graduate School of Journalism and her bachelor’s degree at UC Davis. She also has a background in data and multimedia journalism.
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