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Police Commission unanimously terminates patrol special officer John Berry after noncompliance

San Francisco Police Commission · March 5, 2014
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Summary

The San Francisco Police Commission voted unanimously March 5 to terminate Patrol Special Officer John Berry after finding he repeatedly failed to comply with interim patrol-special rules, missed required training/qualifications and failed to accept or respond to service notices.

The San Francisco Police Commission voted unanimously March 5 to terminate the authority of Patrol Special Officer John Berry for repeated noncompliance with program rules and failure to appear at scheduled disciplinary proceedings.

In a hearing opened by the commission, counsel Ashley Worsham and the program administrator, Officer Carla Brown, testified that Berry repeatedly failed to accept certified mail and missed multiple interviews and training sessions required by the department—s interim rules for patrol specials. "Yes. Failed to comply," Officer Brown said when asked whether Berry had complied with requests from the program administrator.

The commission listed specific allegations in the public hearing record including failure to provide proof of required commercial and auto liability insurance, failure to supply current contact information for assistant patrol specials working for him, failure to report in person to his assigned platoon commander, failure to qualify on the firearm range and failure to attend mandatory classroom or advanced officer training.

Counsel told the commission that certified and express-mail notices were returned in at least one instance but staff said Berry had been aware of earlier proceedings and left voicemail messages stating he could not attend. Commissioners asked whether Berry had been properly served and whether his absence should delay action; counsel and program staff said multiple service attempts had been made and that repeated missed interviews and failed compliance remained on the record.

"So I move to terminate Patrol Special Officer Berry—s authority pursuant to these charges," said a commissioner before the motion was seconded and carried on a unanimous roll call vote. The commission ordered staff to take steps to notify any clients on Beat 53 in the Park District and advised that Berry should not solicit business or fees for protection services going forward.

The commission—s action rescinds Berry—s powers as a patrol special officer in the City and County of San Francisco. The hearing record shows the commission relied on testimony from the patrol special liaison and documentation of multiple missed obligations; Berry was not present for the hearing to respond on the record.

Next steps ordered by the commission included staff outreach to community clients on the affected beat and administrative follow-up to ensure the revocation is recorded and disseminated to stations and community stakeholders.