San Francisco Police Commission Meeting - October 19, 2022

The San Francisco Police Commission met on Wednesday, October 19, 2022, at 1:45 PM. The meeting included a certificate of appreciation, public comment on unsolved homicides and racial disparities, a chief's report on crime statistics, and extensive debate on a draft MOU between SFPD and the District Attorney's Office. The commission also approved a new disengagement procedures policy and received reports on internal affairs and disciplinary review board findings.

Consent Calendar

• The commission unanimously approved the minutes from the October 5, 2022 meeting.
• The consent calendar (SFPD 1421/SB16 reports, DPA 1421/SB16 report, police commission disciplinary actions Q3 2022, and collaborative reform update) was received and filed unanimously.

Public Comments & Testimony

• Certificate of Appreciation Public Comment: Mary Bowe, mother of a murdered son, expressed concern about disparities in reward amounts for unsolved homicides and lack of transparency in reward payouts. She noted her son's reward is $75,000 while others range from $10,000 to $250,000. Susan Martin, from Wealth and Disparities in the Black Community, criticized the commission for framing the incident as a feel-good story about police-public collaboration, stating it was a civilian risking his life to prevent a police murder.
• General Public Comment: Multiple speakers, including Paulette Brown, Mary Bowe, Anna Oliver, and David Aronson, spoke about unsolved homicides, lack of justice, and anti-blackness in policing. They called for urgency in addressing racial disparities and criticized the lack of transparency in the reward system. Felicia Jones (via caller) and others noted that the SFPD has paid zero rewards for unsolved homicides in nearly a decade and that the process for increasing rewards lacks community input. Several speakers also expressed frustration with the commission's handling of DGO 9.01 (traffic stops) and lack of response to their emails.
• Chief's Report Public Comment: Paulette Brown again spoke about her son's unsolved murder, stating that the reward system fails and that she knows who killed her son but no action has been taken.
• Item 8 (MOU) Public Comment: Several callers supported the draft MOU, praising DA Brooke Jenkins and Chief Scott for their collaboration. A few opposed, citing concerns about politicization and the need for more community input. One caller, David Aronson, argued the MOU is not ready due to lack of clarity on use of force and community engagement.
• Item 11 (Disengagement DGO) Public Comment: One caller expressed excitement about the policy but asked for clarification on "special relationships."

Discussion Items

• Presentation of Certificate of Appreciation: Sergeant Lee presented a certificate to Anthony Cluis for his bravery on July 25, 2022, when he intervened to prevent a machete-wielding suspect from attacking SFPD officers. Cluis physically blocked the suspect, removed weapons from the room, and helped de-escalate the situation. Commissioners praised him for potentially saving lives and encouraged him to consider a career in law enforcement.
• Chief's Report: Chief Scott reported on crime trends: violent crime up 7% year-to-date, property crime up 7%. Homicides decreased 5% (43 total, clearance rate 61%). Gun seizures totaled 849 (including 163 ghost guns), up 4%. Fentanyl seizures exceeded all of 2021. He highlighted recent swatting calls at schools and a bomb threat at Lyric in the Mission District. He also noted that no reward payouts have occurred during his tenure and agreed to agendize the issue of reward disparities.
• DPA Director's Report: Chief of Staff Hawkins reported 546 open cases, 574 closed, 256 pending, 51 sustained, 18 mediated. Two audits in progress: one on officer misconduct handling, another on compliance with DGO 8.10. Outreach included tabling at Phoenix Day and distributing materials to library branches.
• Commission Reports: Commissioners reported on various DGO assignments. Commissioner Benedicto attended CMCR training and noted progress on DGO 9.01 (traffic stops) with community listening sessions. Commissioner Yanez requested a separate working group for the social media DGO. Vice President Carter Overstone noted that the Committee on Revision of the California Penal Code recommended limiting certain traffic stops and consent searches, aligning with the draft DGO 9.01. President Elias updated on DGO 5.08 (non-uniformed officers) and stressed that commissioners should be consulted on working groups. Commissioner Byrne raised concerns about commissioners using commission letterhead for letters to the Board of Supervisors; it was agreed to agendize the protocol.
• Discussion on MOU between SFPD and DA (Item 8): Chief Scott explained the new MOU includes an evidence case management system and a confidential dispute resolution process. DPA expressed concerns about not being included in negotiations and requested specific language to ensure their access to crime scenes, interviews, evidence, and declination letters. Commissioner Benedicto moved to not approve the MOU as written and to direct the chief to return to the DA and mediator with suggested changes including DPA's input. The motion passed 4-3 (Walker, Byrne, Yi opposed). Commissioner Byrne then moved that the department and DPA meet and confer on the issues raised and report back within 45 days; that motion passed unanimously.
• Presentation of IAD Open and Closed Cases (Item 9): Commander Yep reported 59 cases opened in Q1 2022 and 69 in Q2, with neglect of duty being the most common allegation. For Q1, 46 cases closed with 143 allegations; 54 were improper conduct. For Q2, 51 cases closed with 182 allegations; 58 improper conduct. The most common actions were no further action, written reprimands, admonishments, and suspensions. Commander Yep also outlined new procedures to expedite chief's hearings, including scheduling hearings two months in advance and limiting continuances.
• Presentation of Disciplinary Review Board Findings (Item 10): Acting Assistant Chief Flaherty and DPA policy director Keywood presented trends and recommendations. Common trends included body-worn camera failures, failure to write incident reports, and property processing issues. Eight recommendations were made, including updating background investigation manuals, property processing policies, and body-worn camera guidance for hospital settings. The commission commended the collaboration between SFPD and DPA.
• Discussion on Disengagement Procedures DGO (Item 11): Chief Scott and DPA's Keywood presented the draft DGO on disengagement, emphasizing it is a strategic de-escalation tactic, not de-policing. The policy was developed with input from the CIT working group and aims to provide clear procedures for incident commanders to disengage when safe. Commissioners praised the policy and unanimously approved it for meet and confer with the POA.

Key Outcomes

• Certificate of Appreciation: Awarded to Anthony Cluis.
• MOU Rejection (Item 8): Motion passed 4-3 to not approve the draft MOU and to direct the chief to return to the DA and mediator with suggested changes (including DPA's input). A separate motion to have SFPD and DPA meet and confer on issues and report back within 45 days passed unanimously.
• Disengagement Procedures DGO (Item 11): Approved unanimously for meet and confer with the POA.
• Closed Session: Commission voted unanimously (7-0) to go into closed session (Item 14) and later voted unanimously (7-0) not to disclose any discussion from closed session.
• Future Agenda Items: The chief agreed to agendize the reward system issue; the commission will also agendize the protocol for use of letterhead by commissioners.
• Next Meetings: The next regular meeting is scheduled for November 2, 2022. The commission will also hold a community listening session on DGO 9.01 on October 26, 2022 at Glide Memorial Church.