San Francisco Police Commission Meeting - September 11, 2024

The San Francisco Police Commission met on Wednesday, September 11, 2024, at 1:45 PM. The meeting included recognition of officers for their response to the Union Square shooting, public comments, the Chief’s report on crime trends and a controversial vendor enforcement incident, reports from the Department of Police Accountability (DPA), the Disciplinary Review Board (DRB) and Firearm Discharge Review Board (FDRB), and approval of an updated Community Policing Manual.

Consent Calendar

• Approved unanimously (6-0) to receive and file: a donation of $23,405.32 from the Margaret and Session Trust to the SFPD Mounted Patrol Unit, and the SFPD and DPA’s SB 1421 and SB16 monthly report.

Public Comments & Testimony

• Ms. Brown spoke about her son’s unsolved 2006 homicide, criticized the lack of funding for unsolved cases, and expressed gratitude for the street renaming effort (1500 block of Grove to Abre Abracassa Jr.).
• Chris Quartklein thanked first responders for addressing 5G interference and noise pollution, and looked forward to Fleet Week.
• Malenko Morrier alleged being set up by SFPD officers and claimed a federal order for charges; referenced a car incident and bankruptcy fraud.
• An unnamed speaker reminded the commission it was the anniversary of 9/11 and then stated the entire humanity is under arrest for violating “eternal rules of existence.”
• During public comment on Item 1 (Officer Recognition), a speaker commended the officers’ actions on 9/11 as an example of teamwork.
• Ms. Brown returned during public comment on Item 4 to thank the commission and community for supporting the street renaming resolution.

Discussion Items

Weekly Officer Recognition Certificate (Item 1)

• Captain Eric Kim (Central Station) recognized the team of officers who responded to the shooting of 49ers player Richard Purcell on August 31, 2024, at 3:30 PM. Officers arrived within one minute, rendered aid to both victim and suspect, secured evidence, and coordinated with investigators. The names of 20 officers and five investigators were read.
• Chief Scott praised the swift, coordinated response and compassion shown. Commissioners echoed thanks, noting that the incident highlighted effective training and teamwork. Commissioner Benedicto thanked President Elias for reinstituting weekly officer recognition.

Chief’s Report (Item 4)

• Crime Trends: Year-to-date part one crimes down 33% (property -34%, violent -13%). Homicides down 37% (lowest in at least six years, clearance rate ~90%). Car break-ins down 57% from last year, lowest since 2014. Chief credited flock cameras and targeted arrests.
• Pier 33 Incident (Sept. 8, 2024): As part of a multi-department vending enforcement task force, a female vendor resisted impound of her unpermitted food cart. City workers (not police) attempted to seize the cart; a struggle ensued. Officers de-escalated, but after the vendor grabbed the cart again and allegedly battered two city workers, she was arrested for battery (not for vending). Chief stated officers remained calm, used minimal force, and attempted to avoid handcuffing due to her crying child. A witness reported an unknown person urged the child to scream to get her mother released. The vendor was cited and released. A use-of-force report was filed. Body-worn camera footage will be released within a week, with redactions for juveniles and witnesses.
• Commissioner Questions: Commissioner Yanez raised language access concerns (vendor spoke Spanish); Chief acknowledged a Spanish speaker arrived later. Commissioner Yanez also asked about child welfare; Chief confirmed Child and Family Services was called. Commissioner Clay asked about video release protocol; Chief explained redaction and timing. Commissioner Yi asked about prior warnings and outreach; Chief noted ongoing city efforts to work with vendors. Commissioner Benedicto suggested a comprehensive video presentation similar to OIS releases. Commissioner Walker suggested exploring training for partner agencies.

DPA Director’s Report (Item 5)

• Acting Executive Director Diana Rosenstein reported that case closures are more timely; only one case exceeds the charter-mandated 270-day deadline (non-tolling). 117 cases are pending at the Chief’s level, 12 at Commission level. Top allegation: officers speaking/behaving inappropriately. DPA is updating SB 1421/16 processes and will release data via DataSF in a user-friendly format. No audit updates.

Commission Reports (Item 6)

• Commissioner Benedicto: Attended the 282nd recruit class graduation, the 76th annual Police and Fire Mass, and a Board of Supervisors hearing that unanimously adopted a resolution to rename the 1500 block of Grove Street after Abre Abracassa Jr., son of Ms. Brown.
• Commissioner Yanez: Reported on a language access DGO working group meeting at Mission Station where signage was missing and some public speakers were initially denied entry; the issue was corrected. Also noted that on July 29, 2024, Mission Station was closed without notice due to the death of Officer Luciano Ortega; Chief acknowledged the need for better communication during such events. Commissioner Yanez also raised concerns about an updated language access card being omitted from a draft policy; Chief committed to follow up.

Disciplinary Review Board (DRB) 1st Quarter 2024 (Item 7)

• Diana Rosenstein (DPA) and Lieutenant Springer (IA) presented aggregate trends. IAD top violation: neglect of duty for body-worn cameras (consistent issue). DPA top sustained allegation: improper search/seizure (16%). Three policy failure cases were discussed: (1) Officers responding code three without BWC activation policy at the time–policy gap identified and being fixed; (2) Officer cleaning firearm in office with no written guidance–being addressed; (3) Officers’ arrest of a spitting subject–recommendation to make spitting an exigency exception in DGO 5.01. Additionally, a case involving stalking victim led to a recommendation to update the EPO checklist to ask if the stalker knows the victim’s address. No training failures or OEI bias findings.
• Questions: President Elias asked about persistent BWC violations; IA noted new cameras may reduce titling issues and a 90-day performance improvement plan is used. Regarding improper search/seizure, DPA conducts investigations and recommends discipline; officers have a hearing before the Chief or Commission. Commissioner Clay asked about advocacy for officers; it was clarified that officers are represented by union attorneys at hearings.

Firearm Discharge Review Board (FDRB) 2nd Quarter 2024 (Item 8)

• IA Presentation: Reviewed one OIS from 2017 (case 17-001) and one OID. In the OIS, officers responded to a non-domestic restraining order violation. After a prolonged confrontation on the subject’s private stairwell, the subject became aggressive, pepper spray was deployed, and after further escalation, Officer #2 shot the subject. IA found officer #1’s force proper but noted improper conduct regarding restraining order verification and BWC activation; officer #2 was found proper on force but improper on restraining order handling.
• DPA Presentation (Stephanie): DPA concluded the officers had no lawful right to be on the stairwell after the initial contact (it was curtilage) and had no authority to arrest without a private person’s arrest. They identified failure to de-escalate, failure to call backup or CIT, and no probable cause for arrest. DPA found neglect of duty, unwarranted action, and violations of DGO 5.01. The subject’s criminal case later went to the Court of Appeal.
• Discussion: Commissioner Walker asked if current training (CIT/CMCR) would prevent similar incidents; DPA and IA agreed that de-escalation training has significantly improved since 2017.

Community Policing & Problem-Solving Manual (Item 9)

• Presentation by Catherine McGuire and Acting Lt. Chandra Peregrina: The manual was updated per Collaborative Reform Recommendation 41.1. It provides an internal roadmap for community engagement, including descriptions of programs, QR codes, the SARA model, and data collection. Over 100 SFPD members and community experts contributed. DPA’s review led to removal of some language already covered elsewhere or not appropriate for a manual. A technical amendment was requested to change “CED Commander” to “Commanding Officer of CED” due to a rank restructuring.
• Approved (6-0) with the amendment and a request that the department review the manual for other rank-specific references to update.

Key Outcomes

• Consent Calendar approved unanimously.
• Officer Recognition accepted; officers praised for Union Square response.
• Community Policing Manual approved with amendment to replace rank-specific titles.
• Closed Session (Item 12) held; motion (6-0) to not disclose any discussion.
• Future Agenda Items: Commissioner Walker requested a future discussion on training for partner agencies in vendor enforcement; Commissioner Yanez asked for language access policy to be brought back; President Elias asked for a definitive training plan on search and seizure to be presented in a few months.
• Statistical Highlights: Part one crimes down 33% year-to-date; homicides down 37% (lowest in 6+ years); car break-ins down 57% from 2023 (lowest since 2014).