...Title
Ordinance Prohibiting Law Enforcement Officers from Concealing their Identities in the City of San José. (Ortiz, Kamei, Cohen, and Campos)
...Recommendations
Direct the City Attorney’s Office to return within 60 days with proposed language for a draft ordinance that would:
1. Prohibit Concealment of Identity
Prohibit all law enforcement officers, including federal agents operating within the City of San José, from wearing any mask or personal disguise while interacting with the public in the course of their duties within the city.
Appropriate, pre-approved exemptions would apply, including the use of gas masks, fire/smoke protection masks, or medical grade masks, when necessary, as well as exemptions for lawful undercover law enforcement operations and operations predefined by the Chief of Police.
2. Require Visible Identification
All law enforcement officers, including federal agents operating within the City of San José, must wear visible identification and clear agency affiliation while interacting with the public during their duties within the city.
3. Information Sharing
SJPD will report to the City Manager’s Office any instance where Police Department Officers respond to an incident involving a federal agency conducting immigration enforcement activity in the city.
The City Manager’s Office will share the reports to the Council Offices and will then partner with the council offices to share them with a cross-sector community leadership group. Before undertaking operations that are reasonably likely to involve agency personnel wearing facial coverings, require federal law enforcement agencies to provide advance notice to the San José Police Department.
4. Use CIPC Ordinance as Guiding Framework
The City Attorney’s Office shall use the ordinance template prepared by the California Immigrant Policy Center (Attachment) regarding law enforcement officer identification and prohibition of face coverings as a guiding framework when developing the proposed draft ordinance for the City of San José.