Commission hears sharp criticism of SPOT program as city plans transfer to SFMTA

The San Francisco Police Commission on April 22 heard hours of testimony on the SPOT (Safe Path of Travel) program, with industry representatives and contractors urging major changes as the city prepares to shift operational responsibility to the San Francisco Municipal Transportation Agency (SFMTA).

Lieutenant Greeley, who gave a program overview, told the commission that SPOT enforces a broad transportation-code provision (historically cited as section 194/194.3) intended to keep sidewalks and travel lanes safe around construction sites. “This has been around since 1960,” Greeley said, describing recent changes that decentralized SPOT enforcement to the department’s 10 district stations and increased admonishments in lieu of citations.

Still, many speakers said the program had been implemented in ways that disadvantaged small contractors. Doree Shanahan of the Residential Builders Association said the RBA supports the program’s safety goals but called its implementation “significantly flawed,” arguing that SPOT officers routinely enforced construction issues better handled by other agencies and used a sweeping interpretation of the code.

Multiple contractors described the program’s appeals and mediation process as unfair. One speaker, Sean Whalen, recounted an appeal he called a “kangaroo court,” saying he was pressured to pay a $600 citation and that hearings were run so that evidence was not available to respondents prior to mediation. “It became apparent to me that this was nothing more than a fee negotiation,” Whalen said.

Contractors and RBA leaders also presented statistics and examples they said show selective enforcement. Mark Brennan said that in one year SPOT issued more than 1,700 citations, of which only a small fraction were issued to utilities and city departments. “With statistics like these, the construction industry cannot help but feel that spot officers enforce ... in a selective and discriminating manner,” he said.

Lieutenant Greeley responded that since October 2008 the department had moved to reduce citations and increase education and admonishments. He told commissioners that most SPOT enforcement was still handled via work orders paid by the permitting agency and that training had been provided by DPT and DPW on traffic and permitting rules.

Commissioners pressed for specifics on chain-of-command, citation data, and whether the program was driven by overtime. Several commissioners asked the City Attorney and department staff to research the legal basis and confirmation of the fine schedule cited by speakers. Assistant Chief Lynch confirmed the department had received complaints and that matters had been forwarded to the Office of Citizen Complaints for investigation.

The commission set a quick follow-up: commissioners requested a detailed report within two weeks covering the history and scope of SPOT citations (including 2003–2008 records referenced by witnesses), who received tickets, overtime billing and the program’s hearing and appeals procedures. They also asked SFPD to invite SFMTA and DPW representatives to the next meeting so the agencies could explain how the transition would operate.

Chief and command staff told the commission that SFMTA (and DPT/DPW) had agreed to assume lead responsibility and that the department would assist a transfer targeted for July 1; staff said they would bring back a transition plan. Commissioners emphasized the need for clear future processes ensuring fair appeals, consistent interpretation of the code, and coverage for weekends and holidays.

The commission did not take a formal vote on policy changes at the meeting; it approved routine minutes and continued other personnel items to allow for written notice and further process. The SPOT discussion concluded with the commission directing staff to compile the requested data and to schedule SFMTA for the next public session so commissioners would have a record to guide the planned transfer.

The commission will revisit SPOT and the transition details at its next scheduled meeting after receiving the requested report.