San Francisco Police Commission Meeting – September 14, 2022

The San Francisco Police Commission met on Wednesday, September 14, 2022, at 1:45 PM. The agenda included officer elections, the Chief’s report on crime trends, department presentations on disciplinary cases and bias findings, the quarterly firearm discharge review, adoption of a collision review board policy (DGO 3.07), and approval of a revised use-of-force policy (DGO 5.01) to proceed to meet-and-confer. The commission also held public comment and a closed session.

Public Comments & Testimony

• David Aronson, Gene Bridges, and Kate Hodge (volunteers with Wealth and Disparities in the Black Community) read statements from founder Felicia Jones. They expressed “anti-blackness in terms of use of force, arrests, and racial profiling or traffic stops by the SFPD,” stating that the commission and department lack urgency. They criticized the working group process for DGO 9.01 (traffic stops), alleging unfair police overrepresentation and private meetings. They noted that a Black San Franciscan is 15 times as likely as a white resident to experience use of force, 10 times as likely to be arrested, and five times as likely to be stopped. They called for accountability and transparency.
• Dak Jill (Public Defender’s Office) commented on Item 6, noting that two cases (IAD 2018-0182 and IAD 2019-0070) had sustained untruthfulness allegations but were listed as not subject to public disclosure under SB 1421, which he questioned.
• One caller supported the revised DGO 5.01 process, praising collaboration and the message it sends to officers.

Election of Commission Officers

• Commissioner Benedicto moved to elect Cindy Elias as President and Max Carter-Oberstone as Vice President. A competing motion by Commissioner Walker to elect Larry Yee as President and Cindy Elias as Vice President was not seconded. The vote on the first motion was 4–3 in favor (Elias, Carter-Oberstone, Benedicto, Yannis yes; Walker, Byrne, Yi no). Public comment supported Elias’s focus on bias.

Discussion Items

Chief’s Report (Chief William Scott)

• Crime trends: Violent crime up 6% year-to-date; homicides down 3%. Shootings down 9% (126 incidents, 145 victims vs. 159 last year). Homicides: 26 vs. 29 last year. Property crime up 9%; auto burglaries up 12%; burglaries down 23%.
• Firearm recoveries: 729 total year-to-date, including 129 ghost guns.
• Tenderloin enforcement: 371 possession-for-sale bookings; seized 68,000 grams of narcotics, including 39,148 grams of fentanyl.
• Recent homicides: Sept 6 shooting (600 block Larch) and Sept 10 stabbing (arrest made). Three other shooting incidents reported with no arrests.
• Stunt driving: Large event Sept 10–11 involving 200–300 spectators; 39 cars seized since enforcement began.
• MOU with DA: Extended to October 17, 2022; discussions ongoing.
• Follow-up: Barricades at Mission Station removed.
• Questions from commissioners about MOU delays, coordination of traffic enforcement reforms, and gun violence reduction strategies in Bayview (with $6M CalBIP grant expansion to Mission).

DPA Director’s Report (Acting Director Sarah Hawkins)

• Case statistics: 474 cases opened, 507 closed, 247 pending. 48 sustained, 16 mediated. 25 cases past 270-day mark (15 tolled). 10 cases pending with commission, 86 pending with chief (down from 90).
• Top allegations: Failure to take required action, bias policing, failure to comply with DGO 5.04, inappropriate behavior.
• Outreach update: Working on complaint form QR codes linking to FAQs.
• Discussion on 86 cases pending with chief: President Elias requested joint department-DPA presentation on timelines for next meeting.

Item 6 – Disciplinary Cases Remanded to Chief (2020–Present)

• Commander Paul Yap presented the process and 10 cases with their chief’s determinations and SB 1421 releasability. Two slides listed case numbers, remand dates, chief’s findings, and preliminary release determination.
• Chief Scott noted this was about transparency; cases are completed even after officer separation.
• Public comment raised concerns about two untruthfulness cases not disclosed. Commander Yap agreed to re-review with the City Attorney.

Item 7 – IAD Bias Findings (Last Five Years)

• Commander Yap presented 22 cases since 2019 containing potential bias components; 12 originated from the electronic bias audit.
• For Q1 2022 closed IAD cases (46 cases, 143 allegations): racial breakdown – 41% White, 22% Asian/PI, 18% Hispanic, 12% Black, 7% other. Gender: 29% female, 3% other.
• Q2 2022 (51 cases, 182 allegations): 40% White, 27% Asian/PI, 9% Black, 5% other. Gender: 80% male, 16% female, 4% other.
• Discussion on audit process: automated keyword search, followed by multi-layered review. Commissioner Yannis asked about contextualization and use of performance improvement plans; Chief Scott clarified this is separate from EIS.

Item 8 – Firearm Discharge Review Board (Q2 2022)

• Deputy Chief Robert O’Sullivan presented one case (OIS 20-004 from Nov 17, 2020, on Market Street). Suspect armed with knife and frying pan; officers used ERIW, 40mm foam, and lethal force; sheriff’s deputies deployed tasers; suspect taken into custody. No in-custody deaths in quarter.
• Update on outstanding OIS cases from 2017 to 2022, including those with DA, Cal DOJ, and administrative investigations.
• DPA noted they now present simultaneously with IAD at FDRB.

Item 9 – Adoption of DGO 3.07 (Collision Board of Review)

• Policy updated from 1997; language changes including removal of “accident” and clarification of board composition. Unanimously adopted (6–0).

Item 10 – Revised DGO 5.01 (Use of Force Policy)

• Key changes presented by Captain Harvey, Lieutenant Nevin, and Sergeant Crudo:
  • Physical control reporting threshold lowered to force “reasonably likely to cause pain or injury” or that causes transitory pain/injury.
  • Safeguarding dignity: Officers shall not direct subjects to involuntarily sit, lay, or kneel on ground unless specific articulable safety concerns exist; must document those concerns.
  • Drawing/exhibiting firearm: must be documented with justification; pointing a firearm requires objectively reasonable belief that deadly force may be justified; must advise subject if feasible.
• Also includes duty to intervene (state law) and monthly public reporting of drawing/exhibiting stats.
• Chief Scott thanked commissioners for listening to officer input. Unanimously approved (6–0) to send to meet-and-confer.

Closed Session Items (Items 11–14)

• Public comment: none. Unanimous votes to go into closed session (Item 12) and not to disclose discussions (Item 14).

Key Outcomes

• Elected officers: Cindy Elias as President, Max Carter-Oberstone as Vice President (4–3 vote).
• Adopted DGO 3.07 (Collision Board of Review) unanimously.
• Approved DGO 5.01 revisions to proceed to meet-and-confer unanimously.
• Directed joint presentation on 86 cases pending with chief at next meeting.
• Voted to go into closed session and not to disclose discussions.
• Scheduled next listening session on DGO 9.01 for September 20, 2022, at Bayview Opera House.