SF Police Commission Meeting: September 20, 2023 - Tire Deflation Devices, Patrol Specials, and Stop Data Audit
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SF Police Commission Meeting: September 20, 2023 - Tire Deflation Devices, Patrol Specials, and Stop Data Audit
The San Francisco Police Commission met on September 20, 2023 at 1:45 PM UTC. The meeting included recognition of Officer Michael Grande for video retrieval work, reports from the Chief and DPA, a resolution to permit preemptive use of tire deflation devices, a presentation on Patrol Specials, the Q2 2023 Safe Streets report, and a discussion on SFPD stop data audits. The commission voted unanimously on several items and heard extensive public comment.
Consent Calendar
- A weekly officer recognition certificate was presented to Officer Michael Grande (star #302, Investigations Bureau, General Work Detail) for his work in forensic video retrieval, including a case that led to a homicide arrest. Officers, commissioners, and the public praised his dedication. No public comment was made.
Public Comments & Testimony
- Item 2 (General Public Comment): A speaker urged the commission to stand by their constitutional rights. Jennifer J. Dub Wagner, speaking for the League of Women Voters of San Francisco, criticized the seven-month delay in finalizing DGO 9.07 (banning racially biased traffic stops) and demanded it be brought back for final approval. Another speaker argued the commission lacked authority to override failed state legislation (SB 50). One member of the public proposed guidelines for civility and requested that non-residents not speak on San Francisco matters. Another speaker expressed strong support for police, stating officers have unlimited power derived from the Second Amendment. A mother of a homicide victim thanked the police and pleaded for resources to solve unsolved murders.
- Item 8 (Tire Deflation Devices): A representative from Fisherman's Wharf Community Benefit District thanked the commission for restoring spike strips, urging the chief to issue guidelines quickly.
- Item 6 (Patrol Specials): A former patrol special officer (since 1977) reported historical numbers (450 patrol specials, 1,600 police officers in the past) and criticized application bottlenecks, citing a 14-year delay for one assistant. Several residents and a business district alliance president spoke in strong support of the program, calling it community policing and emphasizing the need for more officers due to current staffing shortages (600-1,000 officers short). They urged approval of three qualified candidates for the Marina Patrol.
- Item 9 (Stop Data Audit): No public comment was made.
Discussion Items
- Item 4: DPA Director's Report – Acting Executive Director Diana Rosenstein reported that DPA case intake is up year-over-year, closure rates slightly down (543 vs. same time last year), and mediation is increasing. The top allegation was neglect of duty. DPA is planning a mediation forum on October 3, 2023. Commissioner Benedicto noted increased mediation cases and offered to attend the forum.
- Item 5: Commission Reports – Commissioner Walker reported on a well-attended town hall in the Tenderloin (District 6) and thanked officers for their work. Commissioner Benedicto attended the 279th Police Academy graduation and mentioned meeting with the DPA audit team; he echoed requests for updates on DGO 9.07 and praised transparency efforts. Commissioner Yanias reported coordinating with the youth commission and juvenile probation on a pre-booking program; he expressed concern about disproportionate use of force data (25:1 ratio of African American to white in Q4 2022) and requested a future agenda item on use of force. He also questioned the investment in the Sojourn trip (36 sworn officers attending) and requested measurement of its tangible impact.
- Item 8: Resolution on Tire Deflation Devices – Vice President Carter Overstone introduced a resolution interpreting DGO 5.01 to permit preemptive use of spike strips, citing 46 deployments, 82 arrests, and 31 guns recovered in 15 months before the department suspended use. The Chief expressed support but requested written guidance before full deployment to protect officers from liability. Commissioners debated whether guidance should delay implementation; the chief stated he would issue guidance within days. The commission voted unanimously (6-0) to adopt the resolution, restoring immediate preemptive use of spike strips.
- Item 6: Patrol Specials Presentation – Lieutenant Patrick McCormick presented history (dating to Gold Rush) and current rules: patrol specials are private, governed by city charter, appointed by the commission, and limited to specific beats. Commissioner Walker proposed modernizing the program with oversight and data reporting, noting a 2010 Controller's audit that found systemic lack of oversight. Commissioners agreed further discussion and community outreach were needed before reviving the program. Commissioner Benedicto stressed the need for a comprehensive plan addressing liability and insurance concerns.
- Item 7: Safe Streets for All Q2 2023 – Commander Nicole Jones reported 2,751 traffic citations issued in the first two quarters (50% increase over 2022, but down ~80% from 2019). However, 57% of directed enforcement was focused on the "Focus on the Five" violations. Traffic fatalities decreased 42% (19 in 2022 to 11 in 2023), with pedestrians making up 7 of 11 deaths. Citations per station varied widely; Richmond station issued the most. Commissioners questioned the dramatic drop in enforcement since 2019, with Vice President Carter Overstone suggesting deployment decisions (e.g., assigning officers to arrest drug users) may be a factor. The chief and commander cited staffing, increased administrative burdens (RIPA data entry, body-worn cameras), and call volume as contributing factors, but acknowledged the department could do better. Commissioner Byrne noted that downtown stations with high fatality rates have fewer citations due to high call volume. Commissioners requested that future reports include data on stops resulting in warnings/advisements.
- Item 9: SFPD Stop Data Audit (Unit Order 21-01) – Catherine McGuire explained that the current audit only checks for incomplete entries (stops started but not submitted) due to limited staffing (one sergeant). The unit order was created in response to CRI recommendation 77.2 for routine audits. Vice President Carter Overstone pointed out that the unit order explicitly requires audits to be stored, yet the department stated there is no paper trail. The discussion turned to a recent newspaper article alleging that one officer made ~1,200 stops of which all but 5-6 involved white drivers. The chief cautioned against prejudging based on a newspaper article and argued that audits must have clear, fair standards. Commissioner Yanias strongly criticized the lack of proactive audit resources, saying it showed an unserious commitment to transparency. Commissioner Walker noted conflicting messaging from the commission on traffic stops. Acting DPA Director Rosenstein highlighted that CRI finding 77 stated SFPD does not conduct routine audits, and the unit order may not meet substantial compliance. The commission agreed to calendar a future action item to direct an independent audit of stop data.
Key Outcomes
- Resolution on Tire Deflation Devices: Approved unanimously (6-0). The resolution interprets current DGO to allow preemptive use of spike strips immediately, restoring the pre-suspension status quo. The chief indicated he would issue departmental guidance within days.
- Patrol Specials Program: No vote; discussion only. Commissioners agreed to continue discussions and possibly develop a revised program with community outreach, oversight, and data reporting. The commission will consider the 2010 Controller's audit and public input.
- Safe Streets Report: No action taken; the commission requested data on stops resulting in warnings rather than citations in future reports.
- Stop Data Audit: No vote; the commission agreed to bring back a future action item to discuss directing DPA and an outside partner to conduct a comprehensive audit of stop data.
- Closed Session: The commission voted unanimously (6-0) to enter closed session under San Francisco Administrative Code Section 67.10, asserting attorney-client privilege. No disclosure of closed session discussions was made in open session.
Meeting Transcript
To the Republic for which it stands. One nation under God, indivisible with liberty and justice for all. Vice President Carter Whistle would like to take roll. Please. Commissioner Walker. Present. Commissioner Benedicto. Present. Mr. Yanias. President. Commissioner Byrne. Here. Commissioner Yee. Here. Vice President Carter Everstone and Uh Quorum. Also with us tonight, we have Chief Scott from the San Francisco Police Department and Diana Rosenstein from the Department of Police Accountability. Could you please call the first item? Line item one, weekly officer recognition certificate. Presentation of an officer who has gone above and beyond in the performance of their duties. Officer Michael Grande, star number 302, Investigations Bureau, General Work. Good evening. I'd like to recognize Officer Michael Grande for his dedication and professionalism in the General Work Detail. Officer Grande has over 18 years of service with the San Francisco Police Department. Since the General Work Detail was re-established in March of 2022, Officer Grande has been the sole video retrieval officer and worked hundreds of complex cases. Video evidence has become increasingly critical for successful prosecution of cases and is frequently the only evidence to identify perpetrators of crimes. This evidence is fleeting and is often retained for as little as one week due to data storage constraints of many systems. Officer Grande has routinely made himself available at hours beyond his normal schedule to obtain this evidence in a timely manner. Officer Grande is one of only five members of the SFPD to have completed an intensive week-long course on forensic video retrieval and analysis through Leva. In addition to the technical expertise required to digitally retrieve footage and reliably testify in court, the ability to positively engage the stakeholders that own or manage the video equipment is essential. Officer Grande has an exceptional ability to positively interact with people of all backgrounds. He's familiar with the points of contact of hundreds of businesses throughout the city. There were no witnesses present to explain the injuries. Officers completed an initial report for the aided case, not knowing if a crime had occurred. That report was reviewed by Sergeant Spagnolo of General Work, who suspected that the mariner was possibly a victim of an assault. Officer Grande was tasked with attempting to locate any possible surveillance footage. This required him to work well outside its normal work hours, as most establishments in that neighborhood were evening venues unavailable during normal business hours. He worked for multiple days to track down video system managers of multiple businesses and retrieve footage that led him to believe an assault had taken place. Based on the multiple parties involved in varying directions of travel, he continued to coordinate with additional businesses for more footage. The victim's condition continued to deteriorate in the ICU as the investigation continued. Officer Grande was able to put together images from multiple sources to cover the full sequence of events and identify a suspect and vehicle. Sadly, the victim ultimately succumbed to his injuries. Eventually, an arrest was made for the homicide due to Officer Grande's timely and diligent work on the case, bringing closure to that victim's family. Officer Grande works tirelessly to locate critical evidence of violent crimes. While doing so, he consistently forms positive relationships with merchants and residents of the city. He has a wealth of knowledge in his specialty and readily helps other members of the department with video retrieval. He's he's a great representative of the San Francisco Police Department and exemplifies the best attributes of a San Francisco cop. Now to read the award. Such an example of dedication is worthy of the highest esteem by the city and county of San Francisco and the San Francisco Police Department. Thank you.
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