San Francisco Police Commission Meeting - September 13, 2023

The San Francisco Police Commission met on Wednesday, September 13, 2023, at approximately 5:30 PM, with Commissioner Yi serving as Acting Chair after a unanimous vote. The meeting included officer recognition, public comment on crime and policing, reports from the Acting Chief and the Department of Police Accountability (DPA), discussion of firearm discharge incidents, and a closed session. The commission voted on consent calendar items and closed session procedures.

Consent Calendar

• The commission unanimously voted to receive and file the SFPD and DPA 1421 and SB16 monthly report (Item 3).

Public Comments & Testimony

• Karina Velasquez criticized the commission for restricting police practices, arguing that such restrictions hurt crime victims, especially people of color. She brought undocumented victims of violent crime to thank officers, and stated that the commission does not understand the urgency for safety.
• Surbi described being assaulted and racially harassed at 4th and Mission on August 6, 2023, and expressed frustration with the lack of police response and follow-up, despite having evidence. She urged the city to do better.
• Deepika spoke on behalf of District 3 tenants facing similar racial slurs and microcrimes, urging scalable solutions to retain high-tax-paying residents.
• Deputy Public Defender Brian Cox submitted a letter on behalf of the coalition to end bias stops, asking the commission to end the meet and confer process on DGO 9.07. He cited a San Francisco Standard article about an SFPD officer who allegedly misidentified the race of those stopped in nearly half of 50 encounters reviewed by DPA. He requested an audit of SFPD traffic stop data and a working group on data integrity.

Discussion Items

• Chief’s Report (Acting Chief David Lazar):

  • Crime statistics for the week compared to the same period last year: overall crime down 3%, violent crime up 3%, property crime down 4%. Aggravated assaults down 7%, firearm incidents down 9%, burglaries down 7%, larcenies down 6%, auto burglaries down 3%. Robberies up 16% (1,908 year-to-date vs. 1,646 last year). Homicides: 38 year-to-date vs. 36 last year. Gun violence up 6% (153 incidents).
  • In the Tenderloin, 658 arrests for possession/sale of narcotics year-to-date, exceeding last year’s total of 500+. 89 arrests this week alone, seizing 3,297 grams of narcotics (211 pounds year-to-date).
  • Staffing: 1,474 full-duty officers, 72 fewer than last year, 601 below the 2021 target of 2,182. The next academy class has 6 lateral recruits graduating; a new class of 20-30 is starting in September.
  • Other incidents: stunt driving events (side shows) occurring in multiple locations; officers broke up gatherings with 30-100+ cars. Two traffic collisions: one motorcyclist critical, one drunk driver hit five pedestrians, one elderly woman fatally struck.
  • Commissioner questions: Discussion on recruitment (including laterals), use of overtime to staff stations, response times (8.5 minutes for priority A calls), and the Sojourn program (approximately 70 people total, not 70 officers).
  • Commissioner Carter Oberstone requested quarterly audits of stop data under Unit Order 21-01 for the next meeting.

• DPA Director’s Report (Paul Henderson):

  • 562 new cases opened this year, 302 pending, 22 investigations past 9 months (17 tolled). 7 cases pending commission decision, 87 pending chief decision.
  • This week’s allegations: 29% for inappropriate behavior/speech, 14% for failure to take required actions. Central district had 3 complaints.
  • DPA conducted outreach and will host a mediation event on October 3, 2023.
  • Responding to the Standard article, Henderson stated DPA has uncovered issues with stop data accuracy, including failure to enter data, wrong race entry, and multiple race entries. DPA is considering further audits, possibly with an academic partner.
  • Six complaints were filed related to the Dolores Hill bombing incident.

• Commission Reports:

  • Commissioner Walker attended an officer-involved shooting town hall and a Tenderloin community meeting, and suggested holding commission meetings in neighborhoods. She is working on a child care pilot program for officers.
  • Commissioner Benedicto discussed audit liaison meetings and plans to agendize a department action plan on race data misreporting.
  • Commissioner Yi attended the 75th annual Fire, Police, and Sheriff Mass.
  • Commissioner Yanes provided updates on the social media working group (extension obtained) and pre-booking diversion efforts, and requested an agenda item on the Sojourn program’s outcomes.
  • Commissioner Carter Oberstone announced that next week he will introduce a resolution to interpret existing policy to allow preemptive use of spike strips, which the department supports.

• DPA Intern Presentation:

  • The summer 2023 cohort of 23 interns (50% law students, 50% undergraduate, 87% underrepresented minority) presented a policy proposal for a witness-specific Department General Order (DGO) to reduce implicit bias. Recommendations include a universal color complexion chart, pre-administration instructions for lineups, and sequential lineups. The commission and DPA expressed support and noted that previous intern proposals have been adopted.

• Firearm Discharge Review Board Report (Deputy Chief Peter Walsh):

  • Second quarter 2023: Two incidents reviewed.
    • OIS 22004: A self-inflicted gunshot wound by an officer during execution of a search warrant at his residence on June 15, 2022. The FDRB recommended the discharge was not in policy.
    • OIS 22002: An off-duty officer in Concord fired at an assailant who was shooting at the officer’s son on April 15, 2022. The FDRB recommended the use of force was in policy.
  • No in-custody deaths occurred in the quarter.
  • A new department notice (23143) formalizes inclusion of the training division in FDRB reviews.

Key Outcomes

• Votes:
  • Unanimously elected Commissioner Yi as Acting Chair for the meeting.
  • Unanimously approved the consent calendar (Item 3).
  • Unanimously voted to hold Item 11 (Closed Session) in closed session.
  • Unanimously voted not to disclose any discussion from closed session (Item 12). Item 11B was taken off calendar.
• Directives:
  • Acting Chief Lazar will follow up on the assault case reported by Surbi and provide data on drug user arrests and treatment acceptance.
  • The department will provide the last year of quarterly audits of stop data per Unit Order 21-01 at the next meeting.
  • Commissioner Carter Oberstone will introduce a resolution next week to allow preemptive spike strip use.
  • Several items were agendized for future meetings: race data misreporting action plan, Sojourn program outcomes, and a witness DGO based on intern recommendations.