SAN JOSE (CBS SF) — An independent police auditor and former judge delivered her year-end report on the San Jose Police Department, which included a recommendation to fire some officers.

Former judge LaDoris Cordell hand delivered the report Thursday, which recommends the department start firing officers caught lying to internal affairs investigators.

The report noted two sustained cases where officers had sex while on duty, and later falsified reports, or lied about the incidents. Both officers were disciplined, but not fired.

One case found a uniformed officer and a female school employee had sex in a room at a school. The woman in that case claimed sexual assault, and internal affairs determined the officer provided false information in his report.

Cordell said most departments would have terminated him, but not San Jose.

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“We did an informal survey of departments around the country. Most of them have a “you lie, you die” policy, meaning if you lie to internal affairs you can no longer be in the department because that’s the integrity of the department on the line there,” Cordell said.

The report also found something surprising when it looked at allegations of excessive use of force by officers.

“There were 93 force allegations, people complaining about excessive force that we audited in 2013.   Not one of them was sustained. Since 2007, there has only been one sustained force allegation,” Cordell said.

Cordell said it will be up to the city council to find out why so few allegations of force are upheld against officers.

“It’s worthy of discussion to ask what’s going on.”



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