San Francisco Police Commission Meeting - November 1, 2023

The San Francisco Police Commission met on November 1, 2023, at 1:45 PM to address routine business, receive reports, and discuss policy revisions and data on use of force disparities. Key actions included adopting a revised use-of-force policy for tire deflation devices, hearing the Chief’s crime report, and receiving a presentation on racial disparities in use of force.

Consent Calendar

• Received and filed the DPA August/September 2023 monthly statistical report (unanimous vote, 6-0).
• Adopted minutes from the meetings of October 4, 11, and 18, 2023 (unanimous vote, 6-0).

Public Comments & Testimony

• An unidentified speaker criticized the commission for hindering police, claimed authority to fire commissioners, and expressed disappointment in the commission’s performance.
• Jay Connor Biertega (Co-President of Econic D3) thanked SFPD officers, criticized the Board of Supervisors for neglecting public safety, stated that officers fear repercussions for mistakes, and asserted that the silent majority will no longer accept crime.
• Alan Burodell thanked the previous speaker and later commented that discussions on overdose deaths and law enforcement should be properly agendized.
• A speaker on the officer recognition line item stressed that police uniforms do not absolve responsibility.
• During public comment on the Chief’s report: one speaker questioned the need for massive law enforcement presence for APEC; another supported the Chief’s enforcement efforts and community assistance; Mark Bruno discussed volunteer work with homeless and mental health; another speaker disputed the claim that law enforcement increases overdoses; and a mother of a homicide victim spoke about her son’s unsolved case and the Day of the Dead.
• During commission reports, a member of the public argued that comments on policy should be made only after they are agendized to allow public preparation.

Discussion Items

• Weekly Officer Recognition (Item 1): Sergeant Justin Bugarin was recognized for his work developing the Critical Mindset Coordinated Response (CMCR) training, which reduced use-of-force incidents. He received a statewide outstanding instructor award from the Commission on Police Officer Standards and Training (POST). Commissioners, the Chief, and DPA Director praised his impact on training and culture.
• Chief’s Report (Item 5): Chief William Scott reported year-to-date crime statistics: overall crime down 7% (3,000 fewer crimes), violent crime up 2% (112 more incidents), property crime down 8% (3,000 fewer). Homicides up 7% to 46 (47th from a prior stabbing); gun violence down 6%; gun recoveries up 2% to 912. Detailed recent homicides, shootings, and an explosives incident where a suspect threw devices at officers. Discussed APEC preparations: thousands of law enforcement personnel, SFPD leading local tactics, Secret Service overall security, MOUs with local agencies, full mobilization of all officers ensuring station coverage. Commissioners asked about the tenderloin strategy; the Chief cited collaboration with health navigators (9 people accepted services in one night) and fentanyl seizures (100,000 grams since May 29). Commissioner Yanez raised concerns about increased overdose deaths possibly linked to enforcement, citing an Indianapolis study; the Chief argued for more time and a holistic approach. Commissioner Byrne noted increased federal prosecutions and asked about Union Square deployment; the Chief confirmed 16 officers assigned. Commissioner Yee asked about a fatal pedestrian collision and APEC joint exercises.
• DPA Director’s Report (Item 6): Director Henderson reported 668 cases opened, 610 closed, 316 pending, 48 sustained, 21 cases past nine months, 18 of which are tolled. Highest allegation category: neglect of duty (14%). Mission station had most allegations this week.
• Commission Reports (Item 7): Commissioner Walker requested that APEC coordination and agenda clarification be agendized. Commissioner Benedicto noted DGO 7.01 (juvenile policy) is posted for public comment. Vice President Carter Overstone announced a policy analyst position was frozen by the mayor, and requested a future presentation on reward policy reform. He defended Commissioner Yanez’s comments as within the agenda scope.
• Discussion on DGO 5.01 – Tire Deflation Devices (Item 8): The commission discussed the revised policy on preemptive use of spike strips. The Chief requested a 30-business-day implementation delay due to APEC training constraints. The motion passed 6-0.
• Presentation on Use of Force on People of Color (Item 9): Catherine McGuire (Strategic Management Bureau), Jason Cunningham (analyst), and Sergeant Rivera presented data on racial disparities. The per capita disparity ratio for Black vs. White individuals reached 25x in Q4 2022, driven by a larger decrease in White use-of-force counts. Cunningham explained the calculation method. Commissioner Yanez questioned why disparities persist despite policy changes (May and December 2022), asked about evidence-based outcomes for training (e.g., Sojourn trips), and pressed for measurable plans. Chief Scott noted challenges in determining causation, cited ongoing partnerships (CPE, Stanford, UC Berkeley), and argued that training rarely has direct outcome studies. Commissioner Benedicto emphasized the need to address the recent jump in disparities, not just the long-term trend. Commissioners discussed factors like command-directed enforcement, recidivism, and data limitations. DPA Director Henderson advocated for expanded data sharing. The presentation was received for discussion; no vote was taken.
• Closed Session (Items 10-13): The commission voted 6-0 to hold a closed session and subsequently voted 6-0 not to disclose any discussion from closed session.

Key Outcomes

• Adopted revised DGO 5.01 (tire deflation devices) with a 30-business-day implementation delay (unanimous, 6-0).
• Received and filed DPA monthly statistical report (unanimous).
• Adopted minutes from October 4, 11, and 18, 2023 (unanimous).
• Voted to hold and not disclose closed session discussions (unanimous).
• Directed the department to consider further analysis of the recent use-of-force disparity increase, including potential commission follow-up in early 2024.
• Items identified for future agendas: APEC coordination, clarification of agenda rules, reward policy presentation, community policing manual status, and progress on juvenile pre-arrest diversion.