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Commission hears FDRB summary and concerns about lengthy OIS investigations and DA timelines

San Francisco Police Commission · August 10, 2016
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Summary

Sergeant Crudo reported multiple FDRB findings this quarter, including several negligent discharges deemed out of policy and others in policy, and said the department continues to wait on District Attorney charging decisions for many officer-involved-shooting administrative investigations. Commissioners urged exploring MOUs or deadlines to reduce multi-year delays.

Sergeant Crudo briefed the Commission on the Firearm Discharge Review Board's first- and second-quarter reviews and the status of open officer-involved shooting (OIS) investigations. Several negligent discharges were found out of policy and several OIS cases were found in policy; others required further review. Crudo said some investigations remain open for years, often while awaiting a District Attorney charging decision.

Commission members expressed frustration with the delays. One case cited had a 2013 incident date and was only presented to the FDRB in 2016 after prolonged follow-up. "Three years is way too long," a commissioner said. Crudo reported an 18-to-20-month average on similar queries to peer agencies but said timelines vary and the department sometimes bifurcates investigations to extract lessons sooner.

Commissioners requested comparative data on other county timelines and any MOUs (for example, LA County models) that could speed administrative findings while preserving criminal-process integrity. The department agreed to provide materials on neighboring jurisdictions' timelines and the existing process for tolling administrative reviews while criminal matters proceed.

Sergeant Crudo also provided a snapshot of open OIS administrative files: as of Aug. 10 there were 15 open investigations, some that are ready for FDRB presentation and others waiting DA decisions or tolling due to officer injuries.