San Francisco Police Commission Meeting - December 4, 2024

The San Francisco Police Commission met on Wednesday, December 4, 2024, at 1:45 PM. The meeting included a weekly officer recognition, public comments, monthly reports from the Chief and the Department of Police Accountability (DPA), and discussions on several proposed policy changes, including revisions to the Body Worn Camera policy (DGO 10.11) and a resolution on the SFPD Reward Policy. The meeting was adjourned after a closed session.

Weekly Officer Recognition

• Officer Ashley Mully (Star #1496) from Ingleside Station was recognized for her exceptional work, including leading an investigation into an illegal gambling establishment that resulted in the seizure of illegal gambling machines, weapons, and drugs. She was praised for volunteering her personal time and for her advocacy for domestic violence survivors.

Public Comments & Testimony

• Chris Ward Klein requested the Police Commission to influence the SFPD to subpoena records from the City Attorney's office related to HMIS/Oracle technology, alleging a crime influencing.
• Paul Allen suggested that at the first meeting of 2025, the Chief should report on the three most consequential positive actions and three most consequential challenges for public safety in 2024.
• Paulette Brown (mother of murder victim Aubrey Abercassa Jr.) spoke about the unsolved homicide of her son, highlighting the need for action on reward policy and urged the commission to pass the resolution. She noted a street renaming ceremony scheduled for December 11, 2024.
• A speaker (identified as a member of the public) commented on the need for self-control and criticized technology (AI/COVID).
• Another speaker expressed gratitude to the commission for listening and requested tipster payments to solve homicides.

Discussion Items

1. Chief's Report (Item 5)

Chief Scott reported that year-to-date (as of December 1, 2024), Part 1 crimes (violent and property) are down 30% compared to the same period last year, with a 32% reduction in property crimes and a 14% reduction in violent crimes. Notable statistics:

• Homicides are down 34% (33 this year vs. 50 last year), on pace for a 60-year low.
• Car break-ins are down 56% (over 10,000 fewer incidents).
• Gun violence reduced by 26%; gun-related crime in the Southeast part of the city down 50% due to the VRI strategy.
• Two homicides occurred on November 29, 2024 (one stabbing, one shooting), both under investigation with leads.
• Significant arrests included a suspect in a 2023 homicide (Maxwell Maltzman) and a suspect in a shooting of a pregnant victim.

2. DPA Director's Report (Item 6)

Acting Director Sharon Will reported:

• The stop data audit response from SFPD is expected by December 18, 2024; DPA will provide a report to the commission in January 2025.
• DPA opened 16 new cases this week, with the top allegation being officers behaving or speaking inappropriately.
• 21 cases open for more than nine months (20 of those old).
• Joint training with SFPD on use of force is ongoing.

3. Commission Reports (Item 7)

• Commissioner Yee thanked departing Commissioner Deborah Walker.
• Commissioner Benedicto noted upcoming agenda items: juvenile rebooking program update (Item 11) and DGO 7.01 expected in January. He requested a response from the department on the community letter regarding 7.01 by December 20, 2024; Chief Scott agreed.
• Commissioner Yanez reported progress on DGO 5.20 (language access) and requested a future agenda item on community policing metrics and data collection. She also raised concerns about the live monitoring request form clarity regarding optional participation.

4. Reward Policy Resolution (Item 10)

Vice President Carter-Oberstone presented a resolution requesting the Board of Supervisors amend the Administrative Code to update the homicide reward policy. The resolution included three principles: (1) permit anonymous tips, (2) allow payment to tipsters with criminal history (excluding involvement in the crime), and (3) raise reward amounts. Commissioner Elias proposed adding a fourth principle: "Notwithstanding any other provision, no payout will be made to a person who is providing false information to solely obtain a monetary reward." The amendment was accepted by the motion maker. The resolution was unanimously adopted (5-0). It is dedicated to Paulette Brown, mother of Aubrey Abercassa Jr.

5. Body Worn Cameras (DGO 10.11) (Item 14)

The department presented revised DGO 10.11, but the commission postponed a vote to the next meeting due to Commissioner Clay's request to participate and the need for further discussion on three sticking points: (a) requiring body worn camera activation during command post briefings, (b) striking the exemption for recording sensitive tactical discussions, and (c) the interview process for officers after critical incidents (cognitive interview vs. initial statement). Chief Scott and tactical experts argued for exemptions to protect officer safety and tactics; Vice President Carter-Oberstone and working group members argued that the working group's unanimous recommendations should be followed and that redaction after the fact is sufficient. No public comment was made on this item.

6. Disciplinary Review Board (Item 8) and Firearm/In-Custody Death Reports (Item 9)

Lieutenant Lisa Springer presented findings from Q2 2024:

• Top aggregate trends: failure to appear at range (27.59%), conduct unbecoming an officer (19.54%), neglect of duty/body worn camera (14.94%), neglect of duty/failure to take required action (13.9%).
• Two IAD cases resulted in policy/training failures: one involving a sergeant who muted BWC during a stop of an off-duty intoxicated officer, and another involving a sergeant who lost a department radio.
• DPA reported two policy failures: (1) a sworn member misreported stop data (1,193 out of 1,198 stops listed as white individuals) and (2) a case involving DGO 6.14 (psychological evaluation) which was pulled from the agenda.
• An officer-involved shooting (Q3 2024) was reviewed; the officer unintentionally discharged his firearm during a takedown. Immediate corrective training was implemented.

7. Juvenile Re-Booking Diversion Program Update (Item 11)

Director Lacey provided an update: an MOU was drafted and sent to stakeholders (Juvenile Probation, DA, Public Defender, CARC). Meetings have been held with the DA, JPD, and Judge Chan (Unified Family Court) who gave positive feedback. Still awaiting feedback from the Public Defender's office and JPD. Commissioner Yanez expressed urgency, noting that an estimated 11 youth could have been eligible in the last two years. Commissioner Benedicto requested another update in Q1 2025.

8. DGO 5.18 (Persons in Custody and Transportation) (Item 12)

Lt. Mark Moreno presented the revised order, which replaces "prisoner" with "persons in custody," adds definitions and a vulnerable populations section, and updates transportation procedures. The commission unanimously voted to approve the revised DGO for use in meeting and conferring with bargaining units.

Key Outcomes

• Adoption of Minutes: Minutes of November 6 and November 20, 2024, were approved with one revision (noting Assistant Chief Lazarus sat in for the Chief).
• Resolution on Reward Policy (Item 10): Unanimously passed (5-0) with an added safeguard against false information payouts.
• DGO 5.18 (Item 12): Unanimously approved (4-0) for meet and confer.
• DGO 10.11 (Item 14): Vote postponed to a future meeting.
• Closed Session (Items 16-18): Motion to go into closed session passed; motion to not disclose discussions except for item 17A passed.
• Referrals: Chief to respond to community letter on DGO 7.01 by December 20, 2024. Juvenile re-booking update scheduled for Q1 2025. Discussion on community policing metrics to be agendized.