San Francisco Police Commission Meeting - February 21, 2024

This meeting of the San Francisco Police Commission on February 21, 2024, featured discussions and actions on several key items, including a presentation on Automated License Plate Recognition (ALPR) cameras, a Department of Police Accountability (DPA) audit of SFPD's misconduct handling, and a vote on Department General Order (DGO) 9.07 restricting pretext stops. The commission also heard public comments, received the Chief's report, and the DPA Director's report, and held a closed session.

Public Comments & Testimony

• Charlotte (lifelong resident) criticized the commission for years of meddling that she said has undermined police enforcement, attributing the city's crime problems to commission policies and referencing Proposition E on the ballot.
• Ashley Westinger and others spoke in support of the patrol special program, urging the commission to allow Alan Bard (a retiring patrol special) to stay and train replacements. Speakers expressed frustration that no community members who helped set up the program were included in the committee.
• Frank Nodo (Stop Crime Action) urged the commission to take no action on topics that might be impacted by Proposition E, noting that traffic stops declined 80% from 102,000 in 2019 to about 17,000 in 2023. He said his group supports banning bias stops but opposes ending enforcement of traffic laws.
• Michael Betrellis showed a video of a burglary in the Castro, questioning why the first officer did not shoot at the tires and why Supervisor Mandelman withheld the tape for four months. He called for accountability.
• Jake Honor B. Ortega warned that more restrictions on SFPD would lead to Proposition E passing, and called on President Elias to resign due to an alleged conflict of interest (her husband's law firm sues SFPD).
• Ms. Brown (mother of murder victim Arbor Cassa) repeatedly pleaded for a presentation on unsolved homicides and monetary rewards, stating she has been waiting for promised action.
• Angela Chan (former police commissioner) urged adoption of DGO 9.07, calling delays by the POA shameful and noting that black community members continue to be harmed by pretext stops.
• Carolyn Gusin (coalition to end biased stops) supported the policy, citing data that pretext stops don't increase public safety and cause generational harm.
• Isabella Hutchison echoed support, noting the robust public process and that the commission has held over a dozen meetings.
• Zach Dillon (Public Defender's Office) cited Chief Harold Medlock's testimony that deprioritizing pretextual stops in Fayetteville, NC, reduced racial disparities without harming traffic safety.
• Several speakers opposed DGO 9.07, arguing it violates state and federal law, that the commission lacks authority to override state law, and that such stops yield guns and drugs. They pointed to the failure of SB50 in Sacramento and the decline in traffic stops.
• One speaker noted that LA's policy of requiring officers to explain stops on camera has reduced bias, and urged the commission to consider that approach instead.

Discussion Items

1. Chief's Report

Chief Scott reported crime statistics: shooting victims down 14% year-to-date, homicides down from 7 to 3, firearm recoveries at 115, with zero ghost gun recoveries. He detailed incidents including non-fatal shootings, a carjacking, elder abuse, and a pursuit from South San Francisco. The chief also addressed questions about autonomous vehicles: SFPD does not routinely receive video from autonomous vehicle companies, and the city lacks jurisdiction to restrict them on narrow one-way roads. He noted a pro-Palestine ceasefire demonstration with an estimated 500 participants that did not result in injuries or arrests.

2. DPA Director's Report

Executive Director Henderson reported 89 cases opened, 96 closed, 305 pending. 12 cases sustained, 1 mediated. 32 cases past 270-day period (22 tolled). 10 cases awaiting disposition from commission, 96 from chief's office. Allegations: 26% for conduct unbecoming an officer. Highest allegations from Southern and Mission stations.

3. Firearm Discharge Review Board (4th Quarter 2023)

Lieutenant Springer presented two cases: one from 2017 where an officer-in-training fired one shot through a patrol car window, killing a suspect who ran toward the vehicle. The board found proper conduct except for seat belt violation. The second case involved an off-duty officer's accidental discharge of a firearm at home (no injuries). The board found improper conduct for unsafe firearm handling. No in-custody deaths were presented.

4. Presentation on ALPR Cameras (Item 6)

Assistant Chief Lazar presented a plan to fund 400 ALPR cameras via a $15.3 million BSCC grant for organized retail theft prevention. Installation costs: $335,000; operating costs: $1.2 million/year for 3 years (total $3.935 million). Cameras will be placed at high-traffic intersections, covering about 1.5% of the city's 6,399 intersections. Usage will comply with Section 19B of the Administrative Code: only for stolen vehicles, AMBER Alerts, criminal investigations, and emergencies. No facial recognition, no traffic enforcement, no data sharing for immigration. Data retained for 1 year (5 years if evidence). Training anticipated within 60-90 days. The department hopes to launch in first half of 2024.

5. DPA Audit of SFPD's Handling of Officer Misconduct (Item 7)

Audit Director Flaherty presented the final audit with 31 recommendations. Key findings: SFPD does not track key dates to ensure investigations are completed within the one-year statute of limitations; lacks consistent approach for bias-related misconduct; fails to comply with public reporting requirements (e.g., Administrative Code Chapter 96); and station captains did not follow policy to identify trends and develop prevention plans. SFPD concurred or partially concurred with 26 recommendations, did not concur with recommendations on setting time frames for chief's hearings and clarifying implicit bias handling. Commissioner Elias emphasized the need for follow-up and reporting. Commissioner Benedicto noted that permissive access for DPA to SFPD's benchmark system could address many data issues.

6. DGO 9.07 "Restricting the Use of Pretext Stops" (Item 8)

Vice President Carter Oberstone moved to adopt the DGO, noting it deprioritizes nine vehicle code infractions that have no public safety benefit (e.g., license plate and registration tag stops, where arrests occur in less than 1% of cases). He stated the policy was developed through extensive public input including over a dozen town halls, a working group, and hundreds of comments. Commissioner Benedicto seconded, adding that the policy is about prioritization, not banning enforcement, and that 25% of officers' time is spent on low-value stops. Commissioner Walker expressed concerns about state preemption, the POA's threat of litigation, and whether the policy would reduce racial disparities (citing LA's camera-based approach). Commissioner Byrne requested going into closed session for legal advice. Commissioner Yee questioned why the vote was scheduled before closed session. After public comment, the commission voted 4-3 to adopt DGO 9.07 (yes: Carter Oberstone, Benedicto, Yanyez, Elias; no: Walker, Byrne, Yee). The motion included a 90-day training period (with possible 30-day extension).

Key Outcomes

• Adopted DGO 9.07 (4-3 vote) restricting pretext stops, with a 90-day training period (up to 120 days total).
• Discussed and heard presentations on ALPR cameras and DPA audit; no votes taken on these items.
• Voted to hold closed session (Item 11) and later voted not to disclose any discussion from closed session.
• Commissioner Walker requested a future presentation on LA's traffic stop recording policy.
• Commissioner Benedicto volunteered to serve as liaison for follow-up on DPA audit recommendations.
• Commissioner Elias noted that a presentation on patrol specials is expected in March 2024.
• Commissioner Yanyez committed to pushing for greater data sharing between DPA and SFPD via the benchmark system.
• Update on unsolved homicides: DPA indicated a presentation on monetary rewards is anticipated in April 2024, but Ms. Brown raised concerns about exclusions for gang members and wanted the policy revised.