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Police Commission revokes patrol special Robert Burns' appointment after sustained violations
Summary
The San Francisco Police Commission voted unanimously to revoke the patrol special appointment of Robert L. Burns after sustaining multiple specifications alleging uniform violations, failures to attend mandatory training and failing to provide proof of insurance; the department recommended revocation.
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The San Francisco Police Commission voted unanimously to revoke the patrol special appointment of Robert L. Burns after concluding a multi‑count disciplinary proceeding. The Commission sustained allegations that Burns repeatedly failed to wear the appropriate uniform on numerous dates, did not provide required proof of insurance, missed mandated first‑aid/CPR trainings and failed to appear for a scheduled investigative interview.
The department, through counsel Ashley Worsham, recommended revocation, saying Burns had “stated on the record and during internal affairs interviews that he is not going to comply with the interim rules” for patrol special officers, leaving the department “no other option.” The Commission followed that recommendation and ordered that Burns not work his beat and surrender San Francisco Police Department property; counsel also advised Burns of appeal rights.
Why it matters: The revocation removes Burns’ authority to work as a patrol special officer in San Francisco and underscores the Commission’s enforcement of its patrol‑special rules. Commissioners framed the action as necessary because Burns repeatedly admitted noncompliance and questioned the Commission’s authority to regulate patrol special officers.
What was sustained: The Commission sustained multiple specifications across three charging documents. Commissioners read a detailed specification listing many dates in August–September (uniform compliance allegations). A later charging document listed roughly 37 uniform incidents from December 2009 through January 2010. Other sustained findings included failure to provide proof of required insurance and failure to attend mandatory CPR/first‑aid training scheduled for June and July 2010, as well as failing to appear for an investigative interview on Sept. 7, 2010.
Legal and procedural context: City counsel advised the Commission that patrol specials are not city employees and therefore the Commission lacked the usual personnel exception to hold closed‑session deliberations; she also cited an earlier Court of Appeal ruling confirming the Commission’s regulatory authority over patrol specials. Burns argued, both in his statement and in responses, that his constitutional rights and legal status required different treatment and said he was seeking legal clarification. Commissioners noted Burns’ contention that in earlier litigation some rulings had found patrol specials to have differing status; several said that if Burns pursues judicial review the courts would resolve those threshold legal questions.
Vote and penalty: Commissioner Jane Slaughter moved to terminate and revoke Burns’ appointment; the motion was seconded and carried unanimously. After the vote President Thomas Mazuko told Burns, “Your license has been revoked. You’re not to work your beat tonight,” and instructed him to coordinate with department counsel regarding surrender of department property. Burns acknowledged he understood and asked about appeal rights.
What’s next: The Commission closed the formal hearing record on the matter and moved into a separate closed session on related disciplinary cases; after that closed session the Commission voted not to disclose the closed‑session discussions under San Francisco Administrative Code §67.12A. Burns retains statutory appeal rights if he chooses to pursue them.
Quotes: “The department is recommending that the appointment be revoked,” said Ashley Worsham, counsel to the department. After the revocation President Thomas Mazuko ordered, “You’re not to work your beat tonight. Your license has been revoked.”
Provenance: Topic introduced at Item 4 (SEG 1171) and the revocation vote and order occurred in open session (concluding by SEG 2014–2021).
