San Francisco Police Commission Meeting - May 17, 2023

The San Francisco Police Commission convened on Wednesday, May 17, 2023 at 1:45 PM to discuss a wide range of items including the Chief's report on crime trends and fentanyl enforcement, a Violence Reduction Initiative update, a contentious debate on rescinding two department bureau orders (plain clothes and social media), and approval of updated traffic enforcement policies. The meeting included public comment, a consent calendar, reports from the Department of Police Accountability (DPA), and closed session items. The vote on rescinding the bureau orders failed 3-3, while both revised Department General Orders (DGOs) were adopted unanimously.

Consent Calendar

• The consent calendar (Item 3) was approved unanimously (6-0), receiving and filing multiple reports: Family Code 628 incident report, SFPD firearm discharge review board report, DPA's SAPD first quarter document protocol report, SFPD's SB 1421 report, and DPA's SB 1421 report.

Public Comments & Testimony

• Michael Petrellis (multiple appearances): Called for equal time for unsolved crimes, criticized “copaganda” at officer recognition, demanded remote public comment be reinstated, and urged the commission to agenda the murder of Banco Brown. He also objected to the use of a third-party processor for public records requests.
• A mother of a homicide victim (Aubrey Abracassa): Pleaded for her son's case to be solved, provided names of alleged perpetrators, and requested that phone lines be opened for parents who cannot attend in person due to mental health disabilities.
• Speaker referring to Banco Brown: Expressed outrage that the security guard’s claim of self-defense was uncorroborated by video, called the district attorney’s decision “irresponsible,” and questioned why a Walgreens security guard carried a gun.
• Julie Tron (Bar Association): Supported collaborative policy-making and offered the Bar’s criminal justice task force to assist with the social media policy.
• Paul Allen: Criticized the inflammatory language in the resolution to rescind bureau orders, urging teamwork and less harsh rhetoric.

Discussion Items

• Item 4 – Chief’s Report: Chief William Scott reported a 7% decrease in overall serious crimes year-to-date, but noted a 25% increase in homicides (20 vs. 16) and a 40% increase in firearm-related homicides. Property crime was down 8%, violent crime up 5%. He highlighted a 180% increase in fentanyl seizures (over 51,000 gross grams in 19 weeks) and 314 arrests for possession/sales. Enforcement continues in the Tenderloin with CHP and National Guard support. Commissioners questioned the increase in overdose deaths (268, up 37%) and discussed balancing enforcement with treatment and diversion. Chief Scott responded that enforcement does not necessarily cause more deaths and emphasized the need for alternatives to jail. Commissioner Carter-Oberstone raised concerns about the handling of the Banco Brown shooting, questioning the district attorney’s decision not to charge the security guard. Commissioners also discussed the Violence Reduction Initiative (see Item 7) and live monitoring surveillance requests.
• Item 5 – DPA Director's Report: Acting Director Diana Rosenstein reported 26 cases past the 270-day deadline (down from 32 last year), 7 cases pending with the commission, 84 with the chief. Top complaint allegations: officer inappropriate behavior, bias policing, unjustified towing, failure to act, and threatening behavior. The DPA is working on a five-year analysis and a final audit of SFPD's misconduct handling. Commissioner Yanyez requested trend data on multiple allegations per officer.
• Item 6 – Commission Reports: Commissioner Benedicto reported attending a rally for the Compassionate Alternative Response Team (CART) and noted a forthcoming updated resolution of support. Commissioner Walker discussed meetings on patrol specials and private security coordination. Commissioner Yanyez updated on juvenile diversion best practices and requested a presentation on the draft DGO for pre-booking diversion.
• Item 7 – Violence Reduction Initiative (VRI) Update: Lily Gamrell (VRI manager) presented the 2022 year-in-review. Goals: reduce gun violence in Supervisorial District 10, reduce recidivism, and build police legitimacy. From 2021 to 2022, direct outreach attempts increased from 17 to 149; 60% of individuals contacted accepted service referrals. 25 individuals are currently enrolled with the Street Violence Intervention Program (SVIP), receiving life coaching and stabilization services. The team is now tracking recidivism and victimization outcomes. Commissioner Yanyez asked about expansion beyond District 10 and integration with existing services. The program received $6 million in additional grant funding in 2022.
• Item 8 – Resolution to Rescind Plain Clothes and Social Media Bureau Orders: A contentious debate centered on whether the department circumvented the commission’s policymaking authority by issuing bureau orders (BOs) on plain clothes and investigative social media while DGOs were pending. Commissioner Carter-Oberstone argued the BOs were improper and violated the spirit of the 2016 DOJ report. Chief Scott defended the BOs as legal operational directives, citing DGO 3.01, and stressed the need for a policy in place. Commissioner Benedicto proposed an amendment to delay rescission of the social media BO until a new DGO is enacted in 35 days. The amendment was accepted, but the underlying resolution still failed 3-3 (Carter-Oberstone, Benedicto, Yanyez in favor; Walker, Byrne, Yee opposed). Commissioner Byrne and Walker objected to the resolution’s language accusing the department of “illegal” and “usurpation.” The city attorney clarified that departments have legal authority to issue BOs and the resolution’s claim of exclusive commission authority was incorrect. The commission also discussed revising DGO 3.01 to clarify boundaries.
• Item 9 – DGO 9.01 Traffic Enforcement: Deputy Chief Daniel Peret and Officer Crispin Jones presented the updated DGO. Commissioner Benedicto praised the work. Officer Jones offered a series of minor non-substantive amendments, including replacing “should” with “is responsible for” and striking references to “California Vehicle Code” to encompass all applicable codes. Commissioner Byrne initially suggested tabling for a clean copy but ultimately voted yes. The motion passed unanimously (6-0) with the amendments and labor negotiation resolution 23-30.
• Item 10 – Revised DGO 9.02 Vehicle Crashes: Approved unanimously (6-0) with labor negotiation resolution.
• Items 11-14 – Closed Session: Public comment was taken; no speakers. The commission voted unanimously (6-0) to hold Item 13 in closed session and assert attorney-client privilege for sub-items b-f. After closed session, the commission voted unanimously not to disclose any discussion.

Key Outcomes

• Failed motion: Resolution to direct the Chief to rescind Plain Clothes and Social Media Bureau Orders failed 3-3 (not passing). Commissioner Benedicto’s amendment to defer rescission of the social media BO until a new DGO is enacted (within 35 days) was included in the motion but did not secure a fourth vote.
• Approved DGO 9.01 (Traffic Enforcement): Unanimously approved (6-0) with non-substantive amendments and labor negotiation resolution 23-30.
• Approved Revised DGO 9.02 (Vehicle Crashes): Unanimously approved (6-0) with labor negotiation resolution.
• Closed Session: Unanimously voted to enter closed session and later not to disclose discussions.
• Next steps: The commission will pursue a revised DGO for investigative social media accounts within 35 days (per the amendment that was part of the failed resolution, though not binding). DGO 3.01 revision is expected to be agendized. The commission will continue to receive updates on the VRI, crime trends, and DPA reports.