San Francisco Police Commission Meeting - September 6, 2023

The San Francisco Police Commission met on Wednesday, September 6, 2023, at 1:45 PM, with Vice President Carter Overstone presiding. The meeting included recognition of an officer, public comment, the Chief’s and DPA Director’s reports, commission reports, a joint presentation on quarterly policy activity, and adoption of several revised Department General Orders (DGOs). The commission also entered closed session for labor negotiations.

Consent Calendar

• The commission voted 5-0 to receive and file the consent calendar, which included approvals for travel, cash awards, and quarterly reports (CIT annual report, bias audit, SB 1421/16 reports). Commissioner Carter Overstone agendized the CIT 2022 report for future discussion.
• The minutes of July 12 and July 19, 2023 were adopted 5-0.

Public Comments & Testimony

• General Public Comment:
  • A mother whose son was murdered on August 14, 2006 (17 years ago) asked the department to find new ways to solve unsolved homicides and to increase rewards or mechanisms for tipsters. She stated her son’s case remains unsolved.
  • A speaker addressed several DGOs scheduled for approval (2.01, 2.02, 2.03, 5.07, 5.16, 9.01, 9.02) and noted that DGO 9.07 on pretext stops, passed by the commission in January and April 2023, has not yet returned from meet and confer. He urged an update and adherence to the commission’s resolution limiting the meet-and-confer timeline.

Discussion Items

Chief’s Report

Chief Bill Scott reported on crime trends and incidents:

• A fatal incident on August 24, 2023 (3500 block of Richmond): a convenience store employee died after a confrontation over shoplifting escalated. The suspect struck the victim with a baseball bat; the victim died August 28.
• Two non-fatal shootings (August 30 and September 1) with no arrests yet.
• Significant arrests: On September 4, a suspect rammed a stolen vehicle into patrol cars and a building; officers arrested him. On August 31, a robbery suspect was caught in Oakland after a rental van burglary; three firearms (including two AR-style rifles) were recovered. A sexual assault at Crocker Amazon Park on August 31 (juvenile victim) remains unsolved.
• Overall crime: Part I crime was down 3% (about 1,200 fewer incidents) driven by property crime (-3.4%). Violent crime was up 4% (+132 incidents). Homicides: 38 this year versus 33 at the same time last year. Firearms recovered: 740 total (112 ghost guns), a 7% increase year-to-date.
• Drug enforcement: Year-to-date 467 arrests for public drug use or intoxication since late May 2023; only 1 (now 2) individuals accepted treatment. The department has 8 officers and 1 sergeant on daytime intervention, plus a night squad of 6 officers.
• Dolores Hill Bomb: Chief Scott reported he did not have complete updates on whether all youth were (1) handcuffed, (2) mirandized, and (3) released to a guardian, noting investigations by the department and DPA are ongoing.
• Bait car program: Reintroduced but resource-constrained; no specific number of cars disclosed.

DPA Director’s Report

Executive Director Henderson reported that DPA has opened 544 cases year-to-date (468 in 2022), with 298 pending, 39 sustained, and 19 mediated. 21 investigations exceeded nine months (17 due to legal holds). 57 new cases were received in the past four weeks; the top allegation was neglect of duty (18%). The sexual assault kit audit is awaiting the controller’s review. The Dolores Hill Bomb investigation update will be provided in writing by week’s end.

Commission Reports

• Commissioner Walker reported on ongoing work: recruiting women to the force, childcare feasibility, and the patrol specials program.
• Commissioner Carter Overstone agendized two items: (1) the dispute over DPA’s access to department documents and body-worn camera footage for officer-involved shooting investigations; (2) a review of the vehicle pursuit policy, citing recent injuries and deaths. He proposed an officer town hall.
• Commissioner Yi highlighted community events and presented a certificate to the SFPD for the Chinatown car show.
• Commissioner Yanez requested an update on the juvenile DGO 7.01 draft, which has been delayed for six months. Chief Scott said he would review her email.

Sparks Reports (2nd Quarter 2023)

SFPD and DPA presented their quarterly policy activity. DPA’s recommendations included: posting all SFPD policies online, increasing CIT unit staffing to a minimum of 8 sworn, raising the age for expedited missing child response to 17, mandating command staff to wear body-worn cameras, and granting DPA access to the department’s BWC viewing platform. Chief Scott expressed conceptual support for most recommendations but opposed the CIT staffing mandate as an operational matter. A debate ensued about DGO 3.01 deadlines; the department argued that some steps lack specific timelines. DPA disagreed, stating that sequential milestones require timely movement. The commission agreed to revisit 3.01.

Adoption of Department General Orders

• DGO 5.01 (Use of Force) – Amendment to allow preemptive deployment of tire deflation devices (spike strips) outside of pursuits. Data from March 2022 to May 2023 showed 46 preemptive deployments, 86 arrests, and 27 handguns/4 assault rifles recovered; only one minor injury. The commission voted 5-0 to adopt the revised order and send it to meet and confer, with an amendment to strike the word “recklessly” from the condition that an operator is “likely to flee recklessly.”
• DGO 2.01 (General Rules of Conduct) – Adopted 5-0 with 30 business day implementation delay.
• DGO 2.02 (Alcohol Use) – Adopted 5-0 with 30 business day implementation delay.
• DGO 2.03 (Intoxicants/Drugs) – Adopted 5-0 with 30 business day implementation delay.
• DGO 5.07 (Rights of Onlookers) – Adopted 5-0 with 90 business day implementation delay.
• DGO 5.16 (Search Warrants) – Adopted 5-0 with 90 business day implementation delay.
• DGO 9.01 (Traffic Enforcement) – Adopted 5-0 with a typographical amendment (deleting a duplicate paragraph and renumbering) and 30 business day implementation delay.
• DGO 9.02 (Vehicle Crashes) – Adopted 5-0 with 30 business day implementation delay.
• SB 1421/16 Protocols – Adopted 5-0 with no implementation delay.

Key Outcomes

• All consent calendar items and minutes were approved unanimously.
• The commission voted 5-0 to adopt DGO 5.01 with an amendment to remove “recklessly” and to send it to meet and confer.
• Eight other DGOs (2.01, 2.02, 2.03, 5.07, 5.16, 9.01, 9.02, and SB 1421/16 protocols) were adopted unanimously, each with specified implementation delays.
• The motion to disclose non-privileged closed-session discussion failed (2–3). The motion to not disclose passed (4–1).
• Commissioner Carter Overstone agendized future discussions: the DPA document access dispute, vehicle pursuit policy review, and a presentation on department deployment practices.
• The department agreed to provide the Dolores Hill Bomb investigation update in writing.
• The commission requested a status update on the juvenile DGO 7.01 draft.