San Francisco Police Commission hears public outcry over courtroom photos, Bayview gun violence and staffing

The San Francisco Police Commission on Feb. 4 heard sustained public criticism of a courthouse incident in which officers photographed two young men and a deputy public defender was detained, and received repeated appeals from Bayview residents for more officers and faster forensic testing.

During public comment, Alan Schlosser, legal director of the ACLU, described video of officers photographing two African American men at a courthouse and said the lawyer who questioned that conduct "was arrested and carted away," a sequence he urged the commission to treat as a policy issue related to courtroom and hallway practices. Public Defender Jeff Adachi showed the commission a video and said his deputy, identified in the record as Jamie Tillerson, was handcuffed and detained for about an hour after advising a client not to speak with police; Adachi called for an apology and noted his office posted the video and fielded thousands of public messages in response.

Chief Sir addressed the commission in the chief's report and apologized for any distress caused to the deputy, saying he had reviewed the matter and the inspector believed he had reasonable suspicion to photograph individuals who matched clothing descriptions in a burglary. "I do not disagree that he had reasonable suspicion," Chief Sir said, and added that the department would not seek a warrant in the matter and "there will not be criminal charges"; he also confirmed the Office of Citizen Complaints (OCC) has a filed complaint that will be investigated.

The meeting included extensive testimony from Bayview residents and neighborhood groups about escalating shootings, repeated car break-ins and slow investigatory follow-up. Supervisor Malia Cohen summarized a Budget and Legislative Analyst audit she requested, saying the city spent roughly $208,000,000 on violence-prevention services over the last five years (about $50,000,000 in the most recent fiscal year) but lacks a coordinated evaluation system. "We are spending the dollars, but we do not have a method in place to determine whether those efforts are effective," Cohen told the commission, and urged closer coordination of city departments and resource targeting.

Residents told the commission they want more officers and faster forensic support. Alka Joshi, a homeowner and business owner in the Bayview, urged contracting for a DNA lab with much faster turnaround, saying the SFPD-contracted DNA lab had been returning results nine months to a year after evidence submission and that a shorter turnaround for gun cases could keep offenders off the street.

Chief Sir outlined the department's aggressive hiring plan approved by the commission and mayor in 2012, told the body he is reexamining the budget to accelerate staffing and expects to add a fourth academy class next year, and said the department is seeking to overload academy classes to anticipate attrition. On DNA testing he reported that evidence submitted for testing is being processed at SFPD and independent labs and that the department has assurances results will be returned within about 30 to 90 days for current gun-related evidence.

The commission also received the Joint Terrorism Task Force (JTTF) annual report from Lieutenant Darryl Fong, who said SFPD staffed the JTTF with two full-time officers at the start of 2014, that no SFPD member was used as an undercover infiltrator that year, and that 30 tip-related matters assigned to JTTF officers were assessed and found not to have a terrorism nexus. The report reiterated that SFPD officers assigned to JTTF remain subject to Department General Order 8.1 and local ordinance requirements.

Sergeant John Crudo presented the fourth-quarter 2014 Firearms Discharge Review Board update: investigators reviewed six matters that quarter (including accidental discharges and officer-involved-shootings); most presented incidents found to be in policy where noted. Crudo said 21 officer-involved shooting cases remain open and the next FDRB convening was tentatively scheduled for March 31, 2015.

The Office of Citizen Complaints director briefed the commission on an OCC First Amendment compliance audit and a draft OCC budget proposal. Director Hicks said the OCC's proposed budget for fiscal year 2015—16 was about $5,000,000, largely personnel costs, and warned a required 1% reduction in the second year could force elimination of a position; he also said OCC remains below recommended investigator staffing levels and is carrying a higher case load per investigator than best-practice guidance.

Procedurally, the commission approved minutes and the consent calendar by voice votes, voted to hold a closed session under the City's administrative code and later voted not to disclose closed-session deliberations, and adjourned. Commissioners and the chief agreed the OCC investigation will proceed; the department said it will provide policy or training recommendations to the commission if warranted.

What happens next: the OCC investigation into the courthouse detention remains pending; Chief Sir said no criminal charges will be pursued in the Tillerson matter and described it as an investigative detention. The chief also said he will continue to examine staffing options and accelerate academy classes where feasible. The Firearms Discharge Review Board will meet again, and the commission scheduled community station boundary meetings and future agenda items on attorney-encounter policies and social-media guidance.

Sources: public comments and presentations, including statements by Alan Schlosser (ACLU), Public Defender Jeff Adachi, Supervisor Malia Cohen, Chief Sir, Lieutenant Darryl Fong and Sergeant John Crudo at the Feb. 4, 2015 San Francisco Police Commission meeting.