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ACLU asks commission for clarity on FBI JTTF memoranda and effect on local complaint process
Summary
At the Oct. 12 San Francisco Police Commission meeting, an ACLU representative pressed the commission to explain how FBI memoranda and nondisclosure agreements affect officers’ ability to participate in OCC investigations; commissioners said a subcommittee will continue work and report back.
John Crewe of the American Civil Liberties Union told the San Francisco Police Commission on Oct. 12 that five weeks after a commitment from the commission he still had not received promised answers about the Joint Terrorism Task Force (JTTF) and how federal memoranda of understanding (MOU) interact with local complaint processes.
Crewe said the commission had committed to get information from the FBI that would “refute or confirm or update” claims the ACLU made about whether FBI rules would prevent San Francisco officers from following the city’s policies and cooperating with the Office of Citizen Complaints (OCC). Without that clarity, he said, officers and members of the public lack a clear picture of how OCC investigations would proceed when an officer is assigned to the JTTF.
The commission acknowledged ongoing work with outside groups and described a subcommittee tasked with following the matter. Commissioners told Crewe the subcommittee—made up of commissioners who said they had been meeting with the ACLU and other stakeholders—would continue its review and bring the issue back to the full commission when it had concrete recommendations.
A commissioner on the panel said the department had a written commitment from the FBI that members assigned to the JTTF would be able to “abide by all of San Francisco’s policies and orders,” though the transcript did not include a copy of that commitment or attribute it to a specific speaker by name. Commissioners underscored that the form and timing of any policy changes or clarifications would be set by the subcommittee’s work.
The commission did not vote on the MOU or on any procedural change at the meeting; the chair and commissioners said the subcommittee would return with further findings and a timeline for broader discussion.
