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Police Commission adopts tighter timeline for disciplinary status conferences

San Francisco Police Commission · August 12, 2009
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Summary

The San Francisco Police Commission voted to require initial status conferences for newly filed disciplinary cases within 15 business days and to require proposed stipulated settlements be submitted in time to allow meaningful discussion at the conference, aiming to speed dispositions while clarifying discovery expectations.

The San Francisco Police Commission on Aug. 15 adopted a resolution to accelerate the handling of newly filed disciplinary cases by requiring an initial status conference within 15 business days of charges being filed and by directing parties to submit any proposed stipulated settlements in time for meaningful discussion at that conference.

Commissioner Buzuko, who introduced the measure, said the change is intended to "speed up the disciplinary process here in the San Francisco Police Department," and to ensure officers receive timely due‑process reviews and, where appropriate, early disposition. "I would like to set a status conference with the assigned commissioner...and we'll decide where we're gonna go from there," he said.

The amendments adopted during debate removed a separate 10‑business‑day offer window and instead put the emphasis on having an offer available for discussion by the fifteenth business day. City Attorney counsel proposed language keeping the requirement that "all parties to the case or their designated representative shall attend the case management conference" and adding that "the parties shall submit any proposed stipulated settlement of the matter in sufficient time before the case management conference to allow meaningful discussion of the offer at the case management conference." The commission accepted that formulation.

Commissioner Yvonne Lee raised concerns about the availability of counsel to officers on short notice and urged that officers be given time to prepare. "Oftentimes the officer may not have legal counsel until the day before or the day of," Lee said, arguing that the commission should ensure adequate time for counsel to review charges and discovery. Steve Johnson of the Police Officers Association told the commission the POA prefers seeing offers within 15 business days and asked that the effective clock begin when discovery is fully provided, saying delayed discovery makes acceptance of an offer difficult.

City Attorney staff and OCC representatives said the draft resolution addressed discovery timing: "Discovery shall commence promptly beginning on the first business day following the assignment," language commissioners emphasized should mean full and complete discovery is provided at the outset so parties can prepare for meaningful case management conferences.

The resolution was moved and seconded and adopted "without objection." The commission directed staff to incorporate the agreed language about timely submission of proposed stipulated settlements and clarified discovery expectations.

The change will be implemented through the commission's rules and procedures; commissioners said they expect staff to circulate final language and to return items for any additional technical changes. The adoption is intended to shorten pendency for disciplinary matters, but commissioners also made clear that discovery must be provided promptly so officers and representatives can meaningfully evaluate offers.