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Police commission sustains misconduct findings and imposes long suspensions for two officers over on‑duty videos

San Francisco Police Commission · February 16, 2011
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Summary

After hearings and closed deliberations the commission sustained multiple specifications against Officers Wendy Hurley and James Lewis for conduct captured in department videos and imposed 360‑day suspensions without pay for each (90 days per sustained specification, 4 specifications sustained for each officer).

The San Francisco Police Commission on Feb. 16 reviewed two lengthy disciplinary matters involving on‑duty videos and sustained multiple specifications against Officers Wendy Hurley and James Lewis.

Hurley: After argument over discovery and evidentiary issues, and a closed‑session deliberation on motions to dismiss, the commission sustained four specifications and did not sustain one. The commission voted 5–0 to suspend Officer Wendy Hurley 90 days per sustained specification for a total suspension of 360 days without pay, effective immediately.

Lewis: The commission followed a similar process in the Lewis matter. Motions to dismiss were considered and denied after closed deliberation; the commission sustained multiple specifications (including leaving an assigned area and inattention to duty) and did not sustain one harassment/EEO allegation. The commission voted unanimously to suspend Officer James Lewis 90 days per sustained specification for a total of 360 days without pay, effective immediately.

Prosecutors argued the videos created a hostile work environment and posed EEO exposure for the department if shown at an official event; they urged strong penalties. Defense counsel argued the videos were authorized or created for retirement morale and that the prosecution failed to call witnesses with direct knowledge; defense counsel urged dismissal or far lighter penalties and pointed to previously offered settlement terms including written reprimands or short suspensions.

Commissioners deliberated in closed session before reading findings in public and then announcing penalties. The commission also considered requests for stays and whether suspensions should be effective immediately; it voted to begin suspensions immediately in both matters.