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Police commission sustains two charges against Inspector Frank Lee, imposes 30-day suspension

San Francisco Police Commission · August 15, 2012
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Summary

The San Francisco Police Commission sustained counts of insubordination and a time-card violation against Inspector Frank Lee and voted 4-1 to suspend him for 30 days starting immediately. Three other specifications were not sustained.

The San Francisco Police Commission on Aug. 15 sustained two disciplinary specifications against Inspector Frank Lee and imposed a 30-day suspension to begin immediately.

The commission found, by a 4-1 vote, that Lee had failed to follow a directive to serve a search warrant promptly (specification 1). Separately, the commission sustained a charge that Lee submitted a time-card claiming two hours for what he described as a five-minute off-duty phone call (specification 5) by a 5-0 vote. The commission voted not to sustain three other specifications alleging dishonesty in follow-up statements and a memo (specifications 2, 3 and 4).

The department's counsel, John Alden, argued the record “contains ample evidence in the record that corroborates the claims” against Lee and said testimony from multiple supervisors and interview transcripts supported the insubordination and time-card allegations. Lee, who represented himself at the hearing, disputed the characterization of his actions. "I never refused to serve the search warrant," he said, describing his decision as an attempt to coordinate a safe and effective service involving a fearful witness.

Commissioners repeatedly framed the case as one of credibility and procedure. Commissioners noted that officers who believe a court order is improper must use the department's Rule 11 memo procedure rather than unilaterally refusing an order; department counsel cited DGO 2.01 and related rules. The commission's majority concluded the evidence showed Lee delayed serving the warrant despite repeated directions from supervisors; the majority also treated the time-card entry as outside department norms.

During penalty arguments the department presented a range of options, from termination if the commission concluded the time card was deliberately dishonest, to a significant suspension or remand to the chief for discipline and retraining if the card reflected a misunderstanding. After deliberation the commission voted 4-1 to impose a 30-day unpaid suspension beginning immediately.

Inspector Lee told the commission he had come into the homicide unit to improve clearance rates and that his actions reflected case-by-case judgment about witness safety and investigative strategy. He asked for leniency; commissioners emphasized adherence to the rules and the availability of formal procedures for disputing orders.

The commission's decision concludes the formal penalties in File KMOC10-032. The Office of the Chief and personnel units will implement the suspension and any administrative follow-ups.