San Jose Police Department

Novem er 14, 2017

Officer Brent Osborn #4217
201 W. Mission Street

San Jose, CA 95110

Re: Notice of Discipline

Dear Officer Os orn:
On May 10, 2017, a Skeliy Conference was requested on your ehalf in order to provide
you with an opportunity to respond to the Notice of Intended Discipline date May 4,
2017. The Skeliy Conference was scheduled for October 24, 2017. Awritten response
dated October 23, 2017 from your attorney was provided in lieu of your persona!
appearance at the Skeliy Conference. The infor ation contained in the October 23,
2017 written response was considered.

Pursuant to the authority delegated to me by the City Manager, this letter is to notify you
tha you ill be sus ende without ay for a eriod of twenty (20) hours from your
position of Police Officer (2215) in the San Jose Police Department effective Novem er
25, 2017.1 am also directing you receive additional training in felony car stops and
related tactics from the Departments Training Unit.
This disciplinary action is based upon the following:
1. On or about Decem er 1, 2015, while responding to a report of a stolen vehicle,
you initiated a high risk, felony enforcement stop by positioning your police
ehicle head-on with he occupied suspect stolen vehicle. In addition, you
exited your police vehicle and physically positioned yourself in t e direct path of
the occupied suspect stolen vehicle.
This conduct is cause for discipline pursuant to San Jose unicipal Co e Section
3.04.1370:

(B) Misconduct

C TVOf £

SANTOSE
CMTTM F SI KO VALL Y

201 "W Iviission S . S n Jose, CA 95110 w v.sj d.or

 Officer Brent Osborn #4217
Notice of Discipline
November 14, 2017
Page 2 of 3

(E) Failure to o serve applicable rules and regulations

(T) Misuse of city property
(V) Any other act, either during or outside of duty hours which is detrimen al
to the public service.

Your conduct is in violation of San Jose Police Department Duty Manual section
L 2641.5 - Shooting at oving Vehicles.
¦ 2. On or about December 1, 2015, while responding to a report of a stolen vehicle,

you fired five rounds from your Depart ent issued handgun into the side oor of
the occupied suspect stolen vehicle striking the suspect,
This conduct is cause for discipline pursuant to San Jose unici al Code Section
3.04.1370:

(B) Misconduct
(E) Failure to observe applicable rules and regulations

(T) isuse of city property
(V) Any other act, either during or outside of uty hours which is detrimental
to the public service.
Your conduct is in violation of San Jose Police Depart ent Duty anual section
L 2641.5 - Shooting at oving Vehicles.
In addition to considering the si nificance of t e acts noted above, I have also reviewed
your personnel history and noted that you have been employed with the City .since
approximately September 21, 2012.
Pursuant to San Jose Municipal Co e Section 3.04.1390, you may appeal this mat er to
the Civil Service Co mission by filing a written request for a hearing with the Clerk of
the Commission no later than twenty (20) calendar days after this notice is personally
served to you or no later than twent (20) calendar ays from the date shown on the

affidavit attached to this notice if ser ice is by mail. IF YOU WISH TO FIL SUCH A
APPEAL, IT IS YOUR RESPONSIBILITY TO MAKE SURE THE WRITTEN REQUEST
FOR A HEARING IS FILED WITHIN THESE TIME LI ITS.

C t LOf i JC VAiir

201 'W. Mission St. Sa Jose, CA 5110 \v \ \v.sjp .org

 Officer Brent Osborn #4217
Notice of Discipline
November 1 , 2017

Page 3 of 3

Alternatively you may. with the agreement of the San Jose Police Officers' Association
(POA), appeal this action through the grie ance rocedure pursuant to Articie 25.8 of
the Memorandum of Agree ent (MOA) between the City of San Jose and the POA.
Such ap eal must com ly with the procedures, including time limits, specified in th
MOA.

Please be aware that it is a violation of the City s Non-Retaliation Policy (City Policy
Manual Section 1.1.4) to retaliate in any way against any person who participates in
aking a complaint, provi es information, or otherwise participates in an investigation
related o i onducf or violations of City "policies or regulations.

Sincerely,

Chief of olice

EG:b
Gc: Office of Employee Relations
Personnel File
Civil Service Commission

ancf g

3

santose
OF 5n I ON VMIS

201 . Missi n St. San Jose, CA 95110 w W Avsj d.or