San Francisco Police Commission Meeting – January 10, 2024

The San Francisco Police Commission met on Wednesday, January 10, 2024, at 1:45 PM (UTC). The meeting included presentations on the SFPD pursuit policy and associated data, discussion and votes on several Department General Orders (DGOs), reports from the Chief and the Department of Police Accountability (DPA), public comment, and a closed session. The meeting was adjourned in memory of Oakland Police Officer Tuan Lee, killed in the line of duty.

Consent Calendar

• The commission unanimously voted to receive and file the following items: Family Code 628 incident report release, Police Commission's report of disciplinary actions for the fourth quarter of 2023, SFPD's third quarter document protocol memo, DPA's third quarter document protocol memo, SFPD's third quarter non-city entity live monitoring report, SFPD's 1421 and SB16 monthly report, and DPA's 1421 and SB16 monthly report. (Motion passed 6-0)
• The minutes for the meetings of November 1, November 8, and December 5, 2023, were adopted unanimously (6-0).

Public Comments & Testimony

• Chris Ward Klein alleged that illegal wiretaps and bugs have been placed on him and others in the city, including the police commission, and called for their removal.
• Paul Allen argued that the commission is willfully failing to comply with the city charter by not setting forth its legal authority, purpose, and goals. He urged the commission to adopt a draft he submitted. President Lyons responded that a draft is being prepared for review.
• A mother of an unsolved homicide victim (Arbor Casas, murdered August 14, 2006, case #06086238) requested more resources to solve the case, including potential funding for tipsters. She asked about a prior suggestion that DPA investigators could help.
• Jake Connor B. Ortega, a San Francisco resident, thanked the SFPD for their work during APEC and expressed general support for the department. He urged the commission to remember that most residents support SFPD.
• A speaker supported the chief’s report, agreed that removing fentanyl from the streets saves lives, and argued that SFPD's job is not to be nurses but to ensure safety. He criticized the city’s lack of treatment funding.
• Paul Allen, during the public comment on the chief’s report, commented on the drug enforcement discussion, noting that the commission cannot direct SFPD not to enforce the law, and that both enforcement and treatment are needed.

Discussion Items

• Chief’s Report (Item 4): Chief Scott reported that overall Part 1 crime in the first week of 2024 was down 49% compared to the same period in 2023 (39% in violent crime, 50% in property crime). He highlighted one homicide, three non-fatal shootings (injuring four, including an 8-month-old and a 7-year-old child), two fatal collisions, a series of ATM burglaries, and fentanyl seizures (over 119,610 grams in 2023, equivalent to 59.8 million lethal doses). The DMAC operation resulted in 452 arrests and 1,400 grams of narcotics seized in the first week of 2024. Vice President Carter-Oberstone questioned the effectiveness of the policy of arresting drug users, citing a record number of overdose deaths in 2023. Chief Scott defended the strategy, arguing that seizing fentanyl saves lives and that no alternative exists. Commissioner Yanez raised concerns about displacement of drug activity to night hours and adjacent neighborhoods. Chief Scott described a phased approach including night operations and non-police resources (Urban Alchemy, co-tenderloin).
• DPA Director’s Report (Item 5): Director Henderson reported that DPA has opened 7 new cases in 2024 and closed 6, with 311 open cases. 31 cases have gone past the 270-day investigation period. He noted a new audit of SFPD's handling of officer misconduct (released Dec. 21, 2023) and a new audit of SFPD's stop data. He also mentioned outreach events.
• Commission Reports (Item 6): Commissioner Yanez provided an update on the investigative social media DGO, which is being extended to allow more feedback. He also highlighted progress on the juvenile DGO 7.01, including language allowing officer discretion to avoid handcuffing youth and continued development of a pre-booking diversion program with restorative justice. Commissioner Benedicto shared updates on meetings with the department regarding juvenile DGO 7.01 and coordination with SFMTA on stolen car identification.
• Presentation on SFPD’s Pursuit Policy (Item 7):
  • Lieutenant Obot (Training Division) presented on the current policy (last updated 2013), training (120 hours for recruits, annual recertification, biennial perishable skills), and pursuit data from 2018-2022 (39 pursuits in 2021, 26 in 2022, 9 in 2023 as of mid-year). He noted that 38% of chases resulted in collisions and roughly 1 in 4 resulted in injury. He cited a CHP report that pursuits with air support had a 68.8% higher apprehension rate.
  • Janelle Kwood (DPA Policy Director) presented a national survey of best practices, noting that 532 people died in police pursuits in 2020. She compared policies from Boston, New Orleans, Philadelphia, Detroit, Baltimore, Chicago, LAPD, and NYPD. She found SFPD’s policy is not an outlier; it permits pursuits for violent felonies or when there is an imminent threat to public safety. She recommended updating DGO 5.05 to include tire deflation devices and consideration of drones or GPS launchers (e.g., StarChase) as alternatives. Chief Scott confirmed the department is exploring drone policy and has researched StarChase but not yet requested budget.
  • Discussion: Commissioners asked about data on third-party injuries and apprehension rates. Lieutenant Obot noted that SFPD does not currently retain pursuit statistics locally, but new reporting systems are planned.
• DGO 7.04 – Safeguarding Children of Arrested Persons (Item 8): Lieutenant O’Connor presented the revised order, which expanded definitions and clarified procedures. Discussion centered on the requirement to contact Family and Children’s Services (FCS) even when another parent is present. Commissioner Byrne raised concerns about delays, proposing a 30-minute window for FCS response, then officer discretion. DPA supported adding clarifying language. The commission decided to refer the item back for further refinement, with input from the Bar Association representative, and not to vote today.
• DGO 9.05 – Citation Control (Item 9): Unanimously approved (4-0) for meet and confer.
• DGO 2.06 – Vehicle Crashes Involving Employees (Item 10): Unanimously approved (6-0) for meet and confer.
• DGO 3.13 – Field Training Program (Item 11): Unanimously adopted (6-0) after Commissioner Benedicto expressed frustration with delay (originally approved by commission in January 2023 but stuck in meet and confer).
• DGO 7.03 – Megan’s Law (Item 12): Unanimously adopted (6-0).
• Closed Session (Items 13-16): The commission voted unanimously (6-0) to go into closed session, and later voted (5-0) not to disclose the closed session discussion, except for factual information in the minutes for Item 15C.

Key Outcomes

• Votes and approvals:
  • Consent calendar items received and filed (6-0).
  • Minutes of November 1, 8, and December 5, 2023 adopted (6-0).
  • DGO 9.05 (Citation Control) approved for meet and confer (4-0, with one commissioner present less due to rotation).
  • DGO 2.06 (Vehicle Crashes Involving Employees) approved for meet and confer (6-0).
  • DGO 3.13 (Field Training Program) adopted (6-0).
  • DGO 7.03 (Megan’s Law) adopted (6-0).
  • Motion to hold closed session approved (6-0).
  • Motion not to disclose closed session discussion approved (5-0).
• Referrals and next steps:
  • DGO 7.04 (Safeguarding Children) sent back to department and DPA for further revision, with expected return to commission after meet and confer.
  • Commissioner Yanez will extend the timeline for the social media investigative DGO to end of January to incorporate feedback.
  • Commissioner Benedicto will meet with the traffic division regarding STOMPA coordination on stolen car identification.
  • The commission will agendize a deeper discussion on the drug enforcement strategy, potentially inviting DPH, as requested by Vice President Carter-Oberstone and Commissioner Yanez.
  • Chief Scott indicated the department is developing a drone policy and will consider including GPS launchers (StarChase) in upcoming budget request.
  • DPA will forward the DOJ best practices report on vehicle pursuits to the commission.