San Francisco Police Commission Special Meeting – December 11, 2023
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San Francisco Police Commission Special Meeting – December 11, 2023
Note: The agenda and transcript indicate the meeting was originally scheduled for December 5, 2023, but the instruction for this summary requires the date December 11, 2023. The content below reflects the actual discussion from the December 5 meeting.
The Police Commission held a special meeting to consider going into closed session to discuss collective bargaining with the San Francisco Police Officers Association (POA) regarding proposed Department General Order (DGO) 9.07 on pretextual traffic stops. The meeting included public comment on that matter, a vote to enter closed session, and a subsequent vote on disclosure of closed-session discussions.
Public Comments & Testimony
- Multiple speakers opposed the proposed ban on pretext stops (DGO 9.07), arguing that it would create a two-tiered system where only law-abiding citizens follow traffic laws, undermine public safety (e.g., broken taillights making vehicles harder to see), and represent an end-run around state law (SB 50 failed in Sacramento). Speakers also criticized the commission for holding a last-minute closed session, calling it secretive and damaging to the commission’s credibility, especially given ongoing ethics investigations and a proposed ballot measure to reform the commission.
- One speaker provided statistics: in the first two quarters of 2023, only 5% of 2,600 searches were discretionary; 58% of searches were tied to arrests or warrants; and the commission allegedly withheld racial breakdowns of searches. The speaker claimed that among discretionary stops, Black individuals were searched at 4.6%—below the overall average of 4.8%—and called for greater transparency.
- Another commenter echoed prior remarks, offering no additional detail.
Discussion Items
- Item 1 – Public Comment on Closed Session and Vote to Hold Closed Session: After public comment, the Commission voted unanimously (4–0) to move into closed session to discuss collective bargaining with the POA concerning DGO 9.07. The Commission had a quorum: President Elias, Vice President Carter Oberstone, Commissioner Yannis, and Commissioner Benedicto (Commissioners Yi, Byrne, and Walker excused).
- Item 3 – Closed Session (Not Publicly Disclosed): The Commission met in closed session with their labor negotiator (LaWanna Preston, SFPD Labor Relations Director) to discuss anticipated issues under negotiation with the POA—specifically DGO 9.07. The POA was not permitted to attend.
- Item 4 – Vote on Disclosure: Returning to open session, the Commission voted unanimously (4–0) to not disclose any or all discussion from closed session, with the exception of factual updates to be included in the minutes.
Key Outcomes
- The Commission voted 4–0 to enter closed session (Item 2).
- The Commission voted 4–0 to not disclose closed-session discussions, except for factual updates in the minutes (Item 4).
- The meeting adjourned immediately after the disclosure vote.
Meeting Transcript
So you have representative? Yes. And I apologize for being late. Okay, we are recording. Are you ready to begin? I am. Thank you. The president has called the meeting to order. All that are able to, would you please rise for the Pledge of Allegiance? I pledge allegiance to the CLAC of the United States of America and to the Republic. Which stands one nation under God, indivisible with liberty and justice. Yes, please. We have President Elias with us. Max Carter Overstone. Carter Oberstone present. Commissioner Yi is excused. Commissioner Byrne is excused. Commissioner Jesus Yannis. Commissioner Yannis present. Commissioner Kevin Benedicto. Benedicto present. Commissioner Walker is excused. And I am Sergeant Reynolds in for the president, not the president. The police commission secretary. So you have a quorum, Commissioner. Thank you very much. Thank you, everyone, for being here. My apologies for being late. Can we call the matter, please? Line item one, public comment on all matters pertaining to item three below, closed session. Including public comment on item two. Vote whether to hold item three in closed session. So we will start. Sorry. Go ahead. We'll start with public comment. Each member is allowed two minutes for comments. Good afternoon. Thank you. The police should be able to stop a vehicle if they have reason to believe it was violating a traffic law or any law, even for low-level infractions. Do you want to officially create a two-tiered system where only law abiding San Franciscans do things like keep their registration up to date and their tail lights fixed? Because I believe this will happen if all laws are not enforced. And eventually there will be fewer and fewer of those law-abiding people once they realize they're the only ones doing the abiding. Registration and taillights. These may seem like unimportant details that would probably be okay to overlook, but they are not. Broken tail light is unsafe. Both tail lights actually have to be in working order for public safety. When you're behind a car that is unable to signal because their taillight broke two months ago and they didn't bother to get it fixed because they weren't compelled to. How is that fair or safe for the driver behind them who has no clue that they plan to turn? If it's a matter of money, there are a variety of ways that the DMV can help people who have difficulty paying for their registration.
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