San Francisco Police Commission Meeting Summary – May 3, 2023

The San Francisco Police Commission convened on Wednesday, May 3, 2023, at approximately 1:45 PM UTC (6:45 AM PT) for a regular meeting. The agenda included officer recognition, public comments, consent calendar, chief and DPA director reports, commission reports, a DPA audit presentation, and votes on several revised Department General Orders (DGOs). The meeting also included a closed session. All votes during open session were unanimous except where noted.

Consent Calendar

• Collaborative Reform Initiative Monthly Update and SFPD First Quarter 2023 Audit of Electronic Communication Devices for Bias were received and filed. The consent calendar passed with 5 yes votes (Commissioners Walker, Benedicto, Byrne, Carter Oberstone, Elias).

Adoption of Minutes

• Minutes for the meetings of April 5 and April 12, 2023, were adopted with 5 yes votes.

Chief’s Report

• Chief William Scott reported:
  • Violent crime up 4%, property crime down 9%, total serious crime down 8% year-to-date (approximately 1,300 fewer crimes).
  • Homicides: 17 year-to-date vs. 15 last year (one counted case was a 2004 incident where the victim died from complications).
  • Gun violence victims down 3% (65 vs. 67) and weapon seizures up by 23. Ghost guns: 39 of 336 weapons seized were ghost guns (about 11.6%).
  • Two homicides reported: an April 27 shooting on Market Street (security guard shot suspected shoplifter; DA declined charges but police investigation continues) and an April 30 shooting on Folsom Street (victim shot in car, no arrests).
  • Two non-fatal shootings and a stabbing; a battery with serious injuries/elder abuse was also noted.
  • Tenderloin: 8,058 grams of fentanyl seized last week; over 47,125 grams seized in 17 weeks; 284 arrests year-to-date.
  • California Highway Patrol (CHP) deployment: 6 officers focused on traffic enforcement in the Tenderloin/SOMA area; no MOU with SFPD. National Guard role is administrative/analytical support only, not boots on the ground.
  • Commissioner Carter Oberstone and others raised questions about the security guard shooting, the former fire commissioner case, and the CHP deployment. Commissioner Carter Oberstone expressed concern about pretext stops; Chief Scott clarified CHP was not asked to perform pretext stops.

DPA Director’s Report

• Director Paul Henderson reported:
  • 270 pending cases; 26 cases over 9 months old; 19 of those on hold; 7 pending with the Police Commission; 83 pending with the Chief for termination decisions.
  • Joint discipline tracker proposal submitted to COIT for funding.
  • DPA seeking public comment on policy revisions (critical incidents, foot pursuits, training plans).
  • Issued a key issue report on SFPD's handling of officer discipline (holding discipline in abeyance and timeliness of chief’s hearings); SFPD did not dispute the report.
  • Provided updates on audits, including the 2020 use of force audit with 10 of 37 recommendations still open.

Commission Reports

• Commissioner Benedicto noted attendance at events for National Crime Victim Week and the SFPD fallen officers memorial; the body-worn camera working group is meeting; DGO 2.01 expected to return.
• Commissioner Walker mentioned the memorial for fallen officers and ongoing work on patrol specials, recruiting women, and coordinating with community groups.
• Vice President Carter Oberstone announced the first working group meeting for DGO 8.10 (First Amendment surveillance) and plans to introduce a resolution rescinding bureau orders he deems illegal.

DPA Presentation: Audit of Department Communications for Bias

• Steve Flaherty, DPA Director of Audits, presented the key issue report issued March 20, 2023.
• Key findings:
  • Most communication hits are false positives (99.7% false positive for one period), causing alert fatigue and wasted time.
  • SFPD did not consistently review or update the bias word list as required (only memos from May 2019, May 2020, Aug 2021).
  • Not all department-issued cell phones were enrolled in the monitoring system; the vendor was enrolling them on its own, and SFPD had no confirmation process.
  • Quarterly reports lacked disciplinary outcome details; year-end reports were not issued.
• Commissioners discussed solutions; Commissioner Benedicto announced forming a working group with SFPD, DPA, and the tech division to address the issues.

Discussion and Possible Action on Revised DGOs

• DGO 2.02 “Alcohol Use by Sworn Department Members” – Approved for meet and confer with bargaining units. Passed 6-0.
• DGO 2.03 “Use of Intoxicants or Drugs by Sworn Department Members” – Approved with an amendment to strike “may diminish” and replace with “diminishes” (effective immediately). Passed 5-1 (Vice President Carter Oberstone voted no).
• DGO 5.24 “Disengagement Procedures” – Adopted for final adoption. Passed 6-0. Recognized as one of the first such policies in the country.
• DGO 2.08 “Peace Officer Rights in Disciplinary Investigations” – Adopted. Passed 6-0.
• DGO 8.01 “Major and Critical Incident Evaluation and Notification” – Adopted. Passed 6-0.

Public Comments & Testimony

• Officer Recognition (Item 1): No public comment.
• General Public Comment (Item 2):
  • A speaker (Francisco Naccha) commented on the difficulty of virtual public comment and appreciated the officer recognition.
  • Paulette Brown, mother of murder victim Arboria Casa, pleaded for justice for her son, whose case remains cold (murdered August 14, 2006). She urged anyone with information to call the tip line.
  • A caller commented on youth safety, referencing a recent Board of Supervisors meeting, and expressed concern that the district attorney was asked to review a video of an incident involving a young person.

Key Outcomes

• Votes on DGOs:
  • DGO 2.02 approved (6-0) to proceed to meet and confer.
  • DGO 2.03 approved with amendment (5-1).
  • DGO 5.24 adopted (6-0).
  • DGO 2.08 adopted (6-0).
  • DGO 8.01 adopted (6-0).
• Closed Session: The commission voted to enter closed session on Item 16 and to assert attorney-client privilege. Upon return, voted not to disclose any discussion.
• Next Steps:
  • DGO 2.02 and 2.03 (after amendment) to be sent to bargaining units.
  • Commissioner Benedicto to convene working group on bias audit fixes.
  • DPA to publish additional key issue report publicly and provide full audit draft to SFPD in June.
  • Commission to agendize updates on Article 25 security guard regulation, CHP deployment, and chief’s hearing backlog.