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Audit praises Burbank police but finds there is room for improvement

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An independent audit of Burbank police’s internal policies found the department should reevaluate how investigations into officer-involved shootings are conducted and develop criteria on how and when officers accused of misconduct should be placed on leave.

The recommendations were just some of the 18 offered by the Office of Independent Review, an oversight organization hired by the Burbank Police Department in 2012 after officers were accused of racial discrimination, sexual harassment and police brutality. Its fifth audit of the department was presented during a joint meeting of the City Council and Police Commission on Feb. 27.

The audit primarily focused on cases that occurred in 2016.

Michael Gennaco, a consultant with the Office of Independent Review, praised the department for the strides it has made over the years in becoming a more introspective and transparent organization.

“It doesn’t mean they can’t get better, and it doesn’t mean we haven’t found ways of improvement,” he said. “We are continually looking for ways in which the department can improve their protocols, policies, guidance and training.”

Some of the issues the audit looked at included an examination of the department’s email practices and vehicle pursuits initiated by officers, which were both analyzed in the last report.

Out of the 18 recommendations, seven stemmed from how the department handled two cases of officer-involved shootings — one where a man shot himself outside a McDonald’s after exchanging gunfire with police and another where a man rammed his vehicle into a patrol car.

According to the audit, the shootings were the first the department experienced in several years.

One recommendation called on all officers who witness a shooting be interviewed rather than just the ones who fired their weapons.

It stemmed from the first shooting where the audit said the department had been “generally thorough and objective” in its investigation, but found it relied on police reports rather than interviews with officers who were at the scene.

“They naturally lacked the depth of information gained by a comprehensive interview,” the audit said.

In response, department officials said they agreed with the recommendation and will now require all police witnesses be interviewed.

Another recommendation called on investigators to interview officers who fire their weapons as soon as possible after the incident. In the case of the second shooting, the officer was interviewed the following day.

While the audit still considered the interview timely, it’s preferable for officers to be interviewed before the end of their shift.

Officials said that going forward the department will “make every effort to conduct those interviews before the end of the officers’ shift.”

Two of the recommendations in the report stemmed from a pair of incidents where officers resigned over allegations of sexual misconduct.

The audit said the behavior of the officers occurred over several years and “revolved around sexual contacts, many of them in an on-duty context and/or relating to individuals whom the subject officers met in the context of their work responsibilities.” The officers were not named in the report.

It was recommended that the department should better reinforce expectations on how officers should conduct themselves while on duty and with personal relationships that may develop from police contacts.

Burbank police officials said they will conduct department-wide training on the consequences of any such personal relationships moving forward.

In the case of one of the officers accused of sexual misconduct, the audit found that they remained on duty for several weeks before being placed on administrative leave.

“In our view, the scope of [the allegation] was sufficiently grave, and the proof sufficiently persuasive, that it warranted intervention at an earlier point in the timeline than when BPD executives acted,” according to the audit.

The audit called on the department to set and follow standards on evaluating whether or not an officer should be placed on leave or be restricted from public contact if they are accused of serious misconduct.

In its response, the police department agreed with the Office of Independent Review and said it will evaluate accused officers on a case-by-case basis. The department will also consult with the Burbank’s Management Services Department and the City Attorney’s Office in developing evaluation standards.

A full copy of the audit’s report can be found online at the police department’s website.

andy.nguyen@latimes.com

Twitter: @Andy_Truc

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