San Francisco Police Commission Regular Meeting – March 15, 2023

The San Francisco Police Commission held its regularly scheduled meeting on March 15, 2023, at 1:45 PM (agenda start time) at the Public Safety Building. The meeting featured reports from SFPD and the Department of Police Accountability (DPA), approval of revised Department General Orders (DGOs) on search warrants and death cases, and closed session discussions.

Consent Calendar

• Approved the SFPD and DPA SB 1421 and SB16 monthly reports unanimously (7-0).

Public Comments & Testimony

• Unsolved Homicide Case: A mother of a murder victim (Arbor Abercassa, killed August 14, 2006) expressed frustration during both general public comment and under the Chief’s Report. She noted that a $250,000 reward has yielded no tips and demanded action on unsolved homicides. President Elias responded that a policy analyst is being hired to research best practices from other jurisdictions. The speaker also named alleged perpetrators and asked why no answers have been provided since a December 2022 presentation.
• No other public comments were made on any agenda items.

Discussion Items

Chief's Report (presented by Assistant Chief Denise Flaherty)

• Crime Statistics: Overall crime down 13% year-to-date; violent crime up 5%; property crime down 15%. Specifics: aggravated assaults down 4%, burglaries down 8%, larceny down 16%, auto burglaries down 11%. Citywide robberies up 19% (firearm-involved robberies up 39%, knife-involved up 58%). No new homicides in the prior week; total homicides revised to 10 due to reclassification of a suspicious death.
• Significant Incidents: A shooting on March 12 at 16th and Mission (victim shot twice, no arrest); a catalytic converter theft arrest on March 6 involving a stolen vehicle and handgun (suspects linked to three other incidents, including one where shots were fired); a hot prowl burglary on March 9 on Treat Street (dementia-suffering family member present); an aggravated assault at a bar on March 12 (victim knocked unconscious).
• Enforcement Efforts: Tenderloin operations continue; partnership with Park and Rec and DPW for UN Plaza closures (dusk to dawn). Businesses have shifted to 7th and Market area, where a mobile command post is no longer present. Daily strategy discussions with AC Lazar.
• Recruitment: Applications increased from ~250 to ~900 in a quarter; one-day testing implemented (written, physical, interview). Retention unit working to bring back officers who left for other departments.
• Commissioner Questions: President Elias requested data on BART (by bus) operations for 2023 and breakdown of the 87 chief’s hearings (including ages and IA backlog). Commissioner Byrne asked about a stabbing on a Muni bus (possible hate crime); AC Flaherty lacked details. Commissioner Benedicto asked about a Chase ATM fraud case in the Mission; follow-up promised. Commissioner Yee raised concerns about arson numbers and 7th & Market conditions. Commissioner Yanyez questioned slow response times and inadequate staffing (e.g., Ingleside station has 7 officers on swing watch).

DPA Director’s Report (Paul Henderson)

• Caseload: 133 active cases; 9 pending before the commission, 88 pending with the chief. 25 cases over two years old. 20% of new allegations concern officer behavior/language; 17% for failure to take required action. Largest number of allegations came from the Mission District.
• Outreach: DPA 101 presentations to air on SFGovTV; final draft of audit on SFPD’s monitoring of communications for bias sent to department (comments due March 17, then public release).

Commission Reports

• President Elias: Finalizing trial rules with city attorney; handling findings of fact for discipline cases.
• Vice President Carter Oberstone: Revised language for DGO 9.07 (pretext stops) posted to website; changes made at request of chief and mayor’s office.
• Commissioner Benedicto: Final working group meeting for DGO 7.01 (youth interactions); starting DGO 10.11 (body-worn cameras); acknowledged two-year anniversary of Atlanta spa shootings; drafted a labor relations resolution to codify meet-and-confer procedures.
• Commissioner Yi: Reported on merchant walk in San Bruno corridor (reporting crimes) and Bayview station visit (high homicides and shootings). Announced March 25 event for Wong Kim Ark (birthright citizenship).
• Commissioner Walker: DGO on missing persons with DPA; meeting with patrol specials group and CART about coordinating alternative responses.
• Commissioner Byrne: Immigration-related DGO on back burner; will ride along in Tenderloin in April; meeting with D4 supervisor.

Item 6: Approval of Revised DGO 5.16 – Search Warrants

• Discussion: Commissioner Benedicto presented a compromise after years of negotiation (original policy from 1997). Over 60 recommendations considered. Major changes include: requiring officers to “provide the search warrant and consult” with the DA’s office on all warrants (not just description); first-time addressing geofence warrants with strict limits; updated no-knock warrant rules (only permissible to prevent imminent threat of physical violence, with multiple approvals). Both DPA and SFPD agreed to final language on March 14. Two minor amendments adopted (striking “for the exigency” and aligning “shall provide the search warrant and consults” phrasing).
• Vote: Approved unanimously (7-0).

Item 7: Approval of Revised DGO 6.05 – Death Cases

• Discussion: Commissioner Byrne questioned a provision on Miranda warnings for juveniles vs. adults. Policy states officers should not Mirandize a homicide suspect (wait for homicide investigators), but per DGO 7.01, juveniles must be Mirandized. Discussion clarified that officers are trained not to interrogate suspects at scene; no written policy explicitly prohibits interrogation but practice is to wait. No further concerns raised.
• Vote: Approved unanimously (7-0).

Closed Session (Items 8–11)

• The commission voted unanimously to hold Item 10 (Closed Session) and later voted not to disclose any discussion (asserting attorney-client privilege). No public comment received.

Key Outcomes

• Approved DGO 5.16 (Search Warrants) – effective for meeting and conferring with bargaining units. Includes modern provisions on geofence warrants and no-knock restrictions.
• Approved DGO 6.05 (Death Cases) – effective for meeting and conferring with bargaining units.
• Directives: SFPD to provide in writing the number of BART operations in 2023; breakdown of chief’s hearing backlog (ages, IA backlog) and response to specific incidents (Chase ATM fraud, Muni stabbing, 7th & Market conditions).
• Pending: Commission to consider revised DGO 9.07 (pretext stops) and finalize labor relations resolution in April.