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Police Commission adopts new rules to speed disciplinary hearings, sets 90/120-day timeline

San Francisco Police Commission · April 21, 2010
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Summary

The Police Commission voted without objection to adopt a consolidated set of procedural rules for disciplinary hearings that require hearings to begin within 90 days and conclude within 120 days, set default time allocations per side and limit continuances to 30 days in most cases.

The San Francisco Police Commission on April 21 adopted a consolidated set of procedural rules governing disciplinary hearings designed to reduce a longstanding backlog of officer disciplinary cases.

The rules, approved without objection, require that once charges are filed a hearing must begin within 90 days and be concluded within 120 days, with default time allowances for each side (an hour and a half per side in a typical case, adjustable at the commission's discretion). The rules also state that the standard rules of evidence do not strictly apply in these administrative hearings, though due-process protections remain in place. Excessive continuances are restricted: an ordinary continuance is limited and extraordinary continuances would be capped at 30 days in the draft the commission adopted.

Commissioners and staff said the rules are the result of extensive consultation with the department, the Police Officers' Association and the Office of Citizen Complaints. The city attorney's office participated in drafting and recommended procedural materials and briefing documents to help commissioners apply the different evidentiary standards in administrative contexts.

During the debate, some commissioners argued for a 60-day start instead of 90, but supporters of the 90-day standard said it is a realistic initial target that could be tightened later as backlog and staffing pressures ease.

The commission also instructed the chief to review department general orders for compliance with the new rules and to return proposed amendments within two weeks. Commissioners directed staff to pursue implementation steps including a master trial calendar, stricter calendaring at initial appearances, and regular public reporting to ensure accountability.

No public comment was made on the item prior to the vote.