Name: Santa Clara Police Department is plagued by systemic racism, sergeant alleges in lawsuit
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Santa Clara Police Department is plagued by systemic racism, sergeant alleges in lawsuit

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A Santa Clara police sergeant is suing the city and its police chief, alleging that the Santa Clara Police Department has been plagued by systemic racism, thwarting people of color from rising to leadership positions.In the federal lawsuit — filed Monday against the City of Santa Clara, Police Chief Patrick Nikolai and Captain Todd Cummins — Santa Clara Police Sgt. Jacob Malae, who identifies as Samoan, alleges that his race and national origin were “substantial motivating reasons” why he was passed over for a promotion and denied overtime pay. He is seeking payment of at least $3 million for lost wages and earning capacity.Malae has been with the Santa Clara Police Department (SCPD) for two decades, including serving the past 10 years as a sergeant. Throughout his career, Malae has “excelled” in every position he has held, earning a handful of accolades, including “Officer of the Year” and the 2009 “Lifesaving Award,” according to the lawsuit.Despite his accomplishments, Malae alleges that he — as well as other people of color on the force — has been subjected to&nbsp;discrimination and denied promotions to command positions, even though he has been “more qualified than similarly situated, White officers who sought the same position.”According to the lawsuit, only two people of color have ever held a rank of captain or higher within SCPD. And prior to 2018, 46 of the department’s 49 management positions — or 94% — were held by people who identified as White.In comparison, only 39% of Santa Clara residents are White, according to the most recent U.S. Census. The rest of the population is 41% Asian, 17% Hispanic and 3% Black.“The important point is the issue of race and diversity and that the command staff does not reflect the community it serves,” Philip Kaplan, a Los Angeles-based attorney representing Malae, said in an interview. “Jacob (Malae) feels strongly that it ought to, and that qualified individuals should be able to advance up the chain of command.”The lawsuit alleges that the promotional system in SCPD is “rigged” and “manipulated” so that White officers more easily rise to lieutenant and captain, giving them a shot at becoming police chief.In addition to Malae, the lawsuit names at least three other SCPD officers who were people of color and were passed over for promotions due to the “gamed” system, including Johanna Green, a Latina woman who lost a bid to become a lieutenant to now-Police Chief Patrick Nikolai, who is White.In Malae’s case, he sat for the police lieutenant promotional exam in October 2019. With two open lieutenant positions, Malae was placed second on the hiring list after earning a score of 91.5% and was awarded an interview with the chief.Despite his high ranking, Chief Nikolai informed Malae in January 2020 that he was being passed over for the promotion and that the department was denying him overtime pay in connection with a two-week homicide class he participated in.In an explanation of the decision, Nikolai informed Malae that nearly three months earlier a female coworker had reported that she had an interaction with Malae that made her feel “threatened and unsafe.” In addition, Captain Todd Cummins told Malae, an unnamed records specialist had reported that she found Malae’s presence “intimidating.”Although SCPD and city policies call for reporting and investigation of such allegations, Nikolai told Malae that the department had not conducted any investigations into the claims — nor was it planning to, according to the lawsuit.The allegations had never been brought up to Malae previously nor were reflected in any of his performance evaluations or documented in his personnel file. Hence, offering him no recourse to review the allegations or make an appropriate response and denying him his rights as a peace officer in the state of California, the suit states.The lawsuit alleges that instead of these claims, Malae’s Samoan descent and his decision to speak out against systemic racism within the department were the real motivating factors behind the department’s refusal to promote him.About six months after being passed over for lieutenant, during a June 2020 meeting with the chief and police union representatives, Malae openly criticized who produced a newsletter that criticized his employer, online auction giant eBay Inc.The former SCPD captain, Brian Gilbert and another former SCPD captain, Philip Cooke, in October 2020. Under a proposed plea agreement, Gilbert would prospectively be sentenced to at least 30 months in prison and be subject to restitution. His formal sentencing is scheduled for May.Among other allegations made by the FBI, the former SCPD captain, Brian Gilbert, and his co-conspirators allegedly created a Twitter account with a Samoan-sounding name to attribute the threats. In a text message&nbsp;which was included in the FBI Affidavit, Gilbert wrote, “if needed we create a Samoan POI (Person Of Interest) in Santa Clara. Then he becomes our primary suspect. This might help the entire op.”Malae urged the Santa Clara Police Officer’s Association to issue a statement denouncing Gilbert’s behavior and racism deployed in connection to his scheme and separately told Chief Nikolai that he felt Gilbert’s photo on the department’s “legacy wall” should be taken down. The union and chief did not take up either of Malae’s suggestions.A few days later, Malae was allegedly informed that the promotional list for future lieutenant openings was eliminated, thwarting his chances of a promotion in the near future. The lawsuit alleges this decision was made in retaliation to Malae speaking out about racism and a concerning culture within the department.SCPD and Santa Clara communications manager Lon Peterson declined to comment on the lawsuit, citing pending litigation, though in an emailed statement Peterson said that “the city takes allegations of discrimination and retaliation seriously, as outlined in our citywide policy that all employees are expected to adhere to.”As a member of the San Jose’s Bellarmine College Preparatory Hall of Fame and a former football player for San Jose State, Malae has previously served as a junior varsity coach for Bellarmine’s football team. But in 2017, after a small group of varsity players took a knee during the national anthem at the start of a football game.“The act of kneeling during the national anthem doesn’t create dialogue, it creates division,” Malae wrote in a resignation letter at that time. “It is unfortunate because the seemingly well-intended act of a few is causing undue harm to the whole.”PrintThanks for reading!Get unlimited access to enjoy this article and moreAlready a subscriber? LoginView more on

A Santa Clara police sergeant is suing the city and its police chief, alleging that the Santa Clara Police Department has been plagued by systemic racism, thwarting people of color from rising to leadership positions.In the federal lawsuit — filed Monday against the City of Santa Clara, Police Chief Patrick Nikolai and Captain Todd Cummins — Santa Clara Police Sgt. Jacob Malae, who identifies as Samoan, alleges that his race and national origin were “substantial motivating reasons” why he was passed over for a promotion and denied overtime pay. He is seeking payment of at least $3 million...

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Maggie Angst

Latest Silicon Valley and San Francisco Bay Area news from reporters & columnists at The Mercury News.

Santa Clara Police Department is plagued by systemic racism, sergeant alleges in lawsuit

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