San Francisco Police Commission Meeting - June 14, 2023

The San Francisco Police Commission met on June 14, 2023, at 1:45 PM. The meeting included consent calendar approvals, reports from the DPA Director and Police Chief, recognition of an officer, a unanimous vote to support the CART model, a lengthy discussion on enforcement strategies in the Tenderloin, and adoption of four revised Department General Orders. Public comment was heard on several items.

Consent Calendar

• The commission unanimously voted to receive and file the Internal Affairs Division quarterly case update (first quarter 2023), SFPD's 1421 and SB16 monthly reports, and DPA's 1421 and SB16 monthly reports. (Vote: 6-0)

Public Comments & Testimony

• Zach Dillon (Public Defender's Office) requested a status update on DGO 9.07 (pretext stops) which has been in the meet-and-confer process for weeks, urging expedited final approval.
• Ms. Brown, mother of a murder victim, advocated for paid tipsters to solve cold cases, stating no rewards have been paid out for homicides.
• Jennifer Wagner (League of Women Voters) and Jennifer Friedenbach (Coalition on Homelessness) expressed support for the CART resolution, emphasizing the need for a public health response.
• Nicholas Diaz supported CART, stating that police lack training for homelessness and that the program prioritizes peers with lived experience.
• Joel Haile (ACLU of Northern California) supported CART, citing the killing of Banko Brown and noting that nearly a third of people in county jail are unhoused.
• Teresa Roman (UC Law SF student) supported CART, arguing that law enforcement is not equipped to address root causes of homelessness.
• Francisco Herrera (Latino Task Force) urged commissioners to act as a choir to those resisting CART, calling compassion effective, courageous, and intelligent.
• Laura Guzmán (National Harm Reduction Action Coalition) opposed the plan to arrest drug users, stating that incarceration has failed for 50 years and increases overdose deaths, especially among Black and Brown communities.
• Starchild (Libertarian Party of SF) opposed drug arrests, calling the war on drugs unconstitutional and arguing that housing shortages drive open-air use.
• Lady Branson (Gubio Project) advocated for supervised consumption sites, stating that arrests drive people into alleys where they die.
• Sheba (District 6 resident) urged opposition to forced treatment, noting that 37% of SF's unhoused population is Black despite being 6% of the overall population.
• Brian Cox (Deputy Public Defender) argued that the plan is a rerun of the war on drugs that will increase arrests and incarceration without evidence, and questioned whether other agencies might circumvent commission authority.
• Rihanna Baylord (COO, UC Law San Francisco) implored the commission to address violence in the Tenderloin, citing three shootings in three days and the need for enforcement alongside services.
• Paul Allen urged support for policing to shut down open-air drug markets, calling the situation an embarrassment.
• Unnamed service provider accused the city of using the crisis to clear the area for the APEC conference, calling the city's approach anti-homeless.

Discussion Items

• DPA Director’s Report: Executive Director Henderson announced that DPA won a national award for audit presentations (second consecutive year). He reported that DPA has opened over 300 cases this year, closed 344 cases, has 261 pending investigations, 28 sustained cases, and 22 cases exceeding nine months (20 tolled due to litigation). Six cases are pending commission decisions, 88 pending chief decisions. Top allegations were failure to promptly respond (20%) and failure to take required action (20%). The highest number of allegations came from Southern, Mission, and Ingleside stations. DPA is seeking public input on DGO 3.05 (weapon return panel).
• Chief’s Report: Chief William Scott reported that over the previous weekend, 16 people were shot, one fatally, in separate incidents (Mission, Ingleside, Tenderloin). He stated that the Mission shooting was not connected to other incidents and that a rumor linking it to Carnival was false. Crime statistics: violent crime up 4% year-to-date, property crime down 8% (driven by reductions in burglaries and thefts). Firearm-related homicides increased from 12 to 15 (25% increase), total gun violence victims up by 6 (100 vs. 94). Fentanyl seizures: 61,449 grams seized this year, compared to 23,801 grams at this time last year. Arrests for possession/sales: 378 as of June 11. Stunt driving events occurred over the weekend; 70 cars have been impounded since the program began. A hate crime arrest was made on June 5 after a suspect shouted anti-LGBTQ+ slurs and threw a glass object. The department did not use live surveillance footage during protests after the Tyree Nichols incident, as the city remained peaceful.
• Officer Recognition: Lieutenant Kevin Noble presented Officer Susie Dare (Ingleside Station, 15-year veteran, native San Franciscan) with the Weekly Officer Recognition Certificate for her teamwork, community policing, and investigative excellence.
• CART Resolution: Commissioner Benedicto introduced a resolution urging the Board of Supervisors and Mayor’s Office to fully fund and implement the Compassionate Alternative Response Team (CART) model, which was developed over two years and endorsed by dozens of community stakeholders. The resolution passed unanimously (7-0). Commissioners expressed that police should not be the primary response to homelessness and that CART provides a public health alternative.
• Tenderloin Narcotics Enforcement: Chief Scott presented a detailed overview of the unified command strategy involving SFPD, California Highway Patrol (CHP), National Guard, Sheriff's Department, Department of Emergency Management, Department of Public Health, and other agencies. Objectives include increasing enforcement, disrupting open-air drug markets, reducing overdose deaths, and collaborating with community partners. The SFPD has deployed a sergeant and 8 officers specifically for public drug use arrests, with 45 arrests made so far (only 3 San Francisco residents). Of those arrested, none accepted treatment. The CHP has 6 units deployed 7 days a week, and the National Guard is providing analytical support. The Sheriff's Department will deploy its Emergency Services Unit to patrol city/county buildings. The department plans to expand the program to overnight hours. Discussion included concerns about evidence-based approaches, the impact on vulnerable populations, and the need for transparency and data tracking. Commissioner Yanyez cited a study showing that opioid overdose deaths double within a six-minute walk of each drug arrest. Chief Scott defended enforcement as a necessary part of a broader strategy, stating that the public demands action on street conditions.
• Adoption of Department General Orders: The commission adopted four revised DGOs with a 60-day implementation delay: DGO 6.02 (Physical Evidence and Scene Preservation), DGO 6.04 (Assaults on Police Officers), DGO 6.05 (Death Cases), and DGO 11.08 (Grooming Standards). All were approved unanimously (7-0).

Key Outcomes

• Consent Calendar: Unanimously received and filed.
• CART Resolution: Passed unanimously (7-0) to urge full funding and implementation of the CART model.
• Tenderloin Strategy: The commission noted the chief's presentation and deferred further discussion to future meetings. Commissioners requested regular data reporting and transparency, including a dashboard. The unified command center opened on Monday, June 12, and will operate for the foreseeable future.
• DGOs Adopted: DGO 6.02, 6.04, 6.05, and 11.08 adopted unanimously, all with a 60-day implementation delay.
• Closed Session: The commission voted (7-0) to go into closed session and subsequently voted not to disclose the discussion, except for factual updates to be included in the minutes.