DEPARTMENT OF POLICE ACCOUNTABILITY CITY AND COUNTY OF SAN FRANCISCO COUN

Paul Henderson Interim Executive Director

October 18, 2017

Hon. Julius Turman, President Members, San Francisco Police Commission

Re: Department of Police Accountability and San Francisco Police Department 3rd Quarter 2017 Sparks' Report

Dear President Turman and Commissioners:

This letter supplements the 3rd Quarter 2017 Report by the Department of Police Accountability (DPA) and the San Francisco Police Department regarding Policy Proposals. During the 3rd quarter, the DPA's policy work focused on advancing the Department of Justice's Collaborative Reform Initiative (DOJ) recommendations.

Throughout the 3rd quarter, the DPA participated in SFPD's Executive Sponsor Working Groups that addressed DOT's Collaborative Reform recommendations concerning use of force, bias policing, complaint and disciplinary processes, and community policing.

In response to DOT's recommendation 25.1 that the Police Department immediately update Department General Order 5.17 (Policy Prohibiting Biased Policing) to reflect its current initiatives and align with best practices, the DPA presented at several meetings its recommended revisions to DUO 5.17. Consistent with Penal Code section 13519.4, the DPA suggested that DGO 5.17 expand the definition of bias policing to include profiling based on racial, identity or cultural stereotypes or mental or physical disabilities. Additionally, the DPA suggested enhancing current detention procedures in DUO 5.17 by having officers provide the individuals they've stopped their business card that would include the identity and contact information of the officer and how to file a commendation or a complaint. These recommendations are included among the President's Task Force on 21 Century Policing.' The DPA's recommendations to strengthen police-community relations by including more information during detentions are

Final Report of the President's Task Force on 21t Century Policing. Washington, DC: Office of Community Oriented Policing Services, Recommendation 2.11 and Action Item 2.11.1. h!Ltp://www.cops.usdoj .gov/pdf/taskforce/TaskForce FinalReport.pdf.

25 VAN NESS AVENUE, SUITE 700, SAN FRANCISCO, CA 94102 • TELEPHONE (415) 241-7711 • FAX (415) 241-7733 • TTY (415) 241-7770

WEBSITE: httpl/www.sfgov.orgldpa

included in the DPA's 2015 Report on "Recommendations to Enhance Police-Community Relations in Response to the President's Task Force on 21 Century Policing.2

During the second quarter, the Department of Police Accountability in partnership with numerous community stakeholder organizations, provided suggested revisions to the Police Department's proposed taser policy. These recommendations included:

• Deploying a taser only when an individual is causing or threatening to cause bodily injury; • Limiting taser activations to three cycles or 15 seconds against a subject during a single

incident; • Requiring DPA investigations of taser incidents involving serious injury or death or other

special circumstances; • Providing a quarterly taser review board that includes representatives of the Police

Department, the Police Conmiission, the DPA and the community to review all taser activations;

• Appointing a taser coordinator to oversee the program including training, weapon testing, incident review, data collection, analysis, reporting and subject matter expertise for the taser review board;

• Limiting the use of drive stun mode for the purpose of completing the circuit to enable incapacitation;

• Requiring data collection to enable comprehensive analysis of the weapon's use, effectiveness and trends and to foster policy and training recommendations;

• Calling tasers "weapons" instead of devices to accurately describe their role and risks consistent with several organizations such as the Police Executive Research Forum, the International Association of Chiefs of Police, and the manufacturer Taser International.

As previously stated in last quarter's letter to you, I continue to be concerned about the numerous DPA recommendations detailed in this report that are outstanding and require resolution. Thank you for your continued support in advancing the policy work of the Department of Police Accountability.

Sip/

Paul Henderson Interim Executive Director

2DPA's 2015 Report is available at http://sfgov.org/occ/sites/defaultlfiles/OCC 3Q 15.pdf. 2

Q3 2017 SUMMARY

BULLETINS ISSUED: 52 Total

17-144 to 17-195

• A-21

• B-22

• C-9

SIGNIFICANT BULLETINS ISSUED:

• A 17-155 (7/11/17) -Body Worn Camera -Court Protocol; members appearing in court shall

ensure that their Body Worn Camera is operational and the power switch is in the "on" position

for continuous buffering.

A 17-156 (7/11/17) - Body Worn Camera Mute Function; Utilizing the mute feature is considered

a termination of the recording as outlined by Department General Order 10.11, section E,

Termination of Recordings. Members shall only use the mute feature with a specific articulable

purpose and shall document the reason(s) for terminating the audio recording in CAD, an

incident report, written statement or memorandum, as required by General Order 10.11, section

G, Documentation.

A 17-160 (7/12/17) - Compliance with Court Order Record Sealing; to ensure

compliance with court orders directing the San Francisco Police Department to seal

records associated with arrests made by our officers. Commanding Officers or Officers-

in-Charge shall ensure the completion of this sealing process within thirty (30) days of

notification.

A 17-165 Re-issue DB 15-194, (7/20/17) - CLETS Protecting Sensitive Information;

Members shall not attach CLETS-related documents (e.g., CII, SFRAP, DMV or Cal Photo)

to submitted incident reports produced in the Crime Data Warehouse or any other

Department approved reporting system.

A 17-173 (8/23/17) - Disposal of CLETS Information; These rules are in place to protect CLETS

information and ensure SFPD policies are consistent with Department of Justice CLETS policy as

well as best practices and current law.

• A 17-174 Supersedes DB 15-251, (8/23/17) - Discontinuation of Additional Loss Report Form

(440); All Additional Loss Reports shall now be completed in CDW by members or by the public

through Coplogic or 311. All paper copies shall be removed from station supplies and recycled.

• A 17-180 (8/30/17) - Arrest of Sex Offenders; Offenders convicted of a sexual offense must

register their address and other information with the Identification Bureau. This information

is then managed by the SFPD Sex Offender Unit. Registration is required annually (on the

offenders birthday) and every 30 days if the offender is transient.

• A 17-183 Amends DGO 11.08, Re-issue DB 15-163 (9/6/17) -Grooming Standards;

added: hair colors need to be of natural color, hairstyles cannot prevent member from

wearing headgear, jewelry, fingernail and hair decoration guidelines.

• A 17-184 (9/8/17) - Chief Scott's Video Series; Chief Scott will present a series of

monthly videos announced through a Department Bulletin.

• B 17-161 (7/12/17) -Lactation Accommodation Policy; Department received memo

from SFDHR regarding Lactation Accommodation Policy. SFPD provides a supportive

environment to enable breastfeeding employees to express breast milk while at work in

compliance with both the California Lactation Accommodation Law and the Federal

Patient Protection and Affordable Care Act.

DGO's ISSUED:

DGO 5.15 Enforcement of Immigration Laws (7/5/17)

This order establishes policies regarding the San Francisco Police Department's role in the enforcement of immigration laws and cooperation with U.S. Immigration and Customs Enforcement ("ICE"), U.S. Customs and Border Protection ("CBP") or successor agencies whose role is to enforce immigration laws, in conformity with state and federal laws and San Francisco Administrative Code Chapters 12H and 121.

DGO'S IN PROGRESS:

DGO XXX Interacting with Transgender, Gender Variant and Intersex Individuals (Pending)

Provides members with guidelines to follow in order to comply with Federal, State, and City statutes,

standards, regulations, and directives.

DGO 1.08 Community Policing (Cmdr. David Lazar)

DGO 2.0 Citizen Complaints (Lt. Andrew Cox)

DGO 3.01 Written Communications (With AC Sainez):

• Classification system to change from A, B and C to BULLETINS or NOTICES

• NOTICES will not expire.

• BULLETINS will not be renewed; they will be incorporated into DGO's within 3 years or expire.

• DGO's will be audited every 5 years.

• A document management system (PowerDMS) will be used to promote a collaborative

concurrence process to include comments and show accountability for changes to working

drafts.

• WDU shall be responsible for contacting SME's regarding the incorporation of BULLETINS into

DGO's and overseeing the concurrence process.

• A DB that makes a simple supplement to a DGO shall be calendared with the Police

commission within 2 weeks of issuance by the WDU. After approval from the police

commissioner the PSPPB shall update the section of the DGO.

DGO 3.09 Department Awards (Sgt. Rachael Kilshaw, Commissioner Mazzucco, DCA Alicia Cabrera)

DGO 5.17 Prohibiting Biased Policing (Samara Marion, Lt. Dorantes, Ofc. Ahern)

DGO 5.20 LEP (Ofc. Jamie Garon-Fermo)

DGO 6.03 Underwater Recovery Unit (Pending)

DGO 6.09 Domestic Violence (Capt. Una Bailey, Insp. Antonio Flores, Insp. Joh Kean, Lt. Arran Para)

DGO 6.10 Missing Persons

DGO 6.15 Property Processing

DGO 6.16 Sexual Assaults

DGO 8.10 OIS Investigations (Lt. Andrew Cox)

DGO 8.XX Dive Team (Forthcoming)

DGO 10.02 Equipment (Lt. Arline Gilmore)

DGO 10.04 PlC Radios

DGO 10.02 Use of Computer/Peripheral Equipment (Lt. Arline Gilmore)

DGO 11.06 Personnel Transfers

DGO 11.07 Discrimination/Harassment (Samara Marion, Lt. Dorantes, Ofc. Ahern)

DGO 11.10 Physical Fitness/Wellness Evaluation Program (Capt. Rainsford, Sgt. Kiesel, Ofc. Park, Dr.

Martin, Belinda Chin, & Penny Si)

DGO 11.11 Eval/Rehab Program

San Francisco Police Department Bulletins Issued 3rd Quarter 2017

DATE PRIORITY SUPERSEDE I RE-ISSUE YIN

DB TITLE ISSUED

I I

YIN 11-144 i-'roceciure tor booKing UUiNi-(Li--' i-rrestees fiiiii IN 1/ I U_U1+0

Release of Information to the News Media and/or Public Regarding 7/5/17 A N Y/14-190 17-149 Homicide Detail Investigations

Taking Photographs and Recording with BWC during Criminal 17-150 Investigations

7/5/17 A N Y/15-182

17-151 Civil Warrant of Body Attachment 7/5/17 A N Y/15-177

17-152 Monitoring Overtime New Accounting Codes in HRMS 2017-2018 7/7/17 A N N

17-155 Body Worn Camera - Court Protocol 7/11/17 A N N

17-156 Body Worn Camera Mute Function 7/11/17 A N N 17-157 Restructure of Command - Forensic Services Division 7/12/17 A N N

17-160 Compliance with Court Order Record Sealing 7/12/17 A N N

17-163 DGO 5.15, 'Enforcement of Immigration Laws,' Update Packet #57 7/14/17 A N N

17-164 Procedure for Booking Biological Evidence 7/18/17 A N Y/15-187

17-165 CLETS - Protecting Sensitive Information 7/20/17 A N Y115-194

17-167 Traffic Collison Scene Preservation 7/26/17 A N Y

17-173 Disposal of CLETS Information 8/23/17 A N N

17-174 Discontinuation of Additional Loss Report Form (440) 8/23/17 A Y/15-251 N Timelines for Investigating Disciplinary Cases Involving Civilian

17-175 Employees 8/23/17

A N Y/15-186 17-176 Changes in POST Reimbursement 8/23/17 A N Y/15-216

Mandatory Testing of a Member Involved in a Traffic Collision and the 17-178

Drug Testing Process 8/24/17

A N Y/15-203 17-180 Arrests of Sex Offenders 8/30/17 A N N 17-183 Grooming Standards 9/6/17 A N Y/15-163 17-184 Chief Scott's Video Series 9/8/17 A N N

17-145 Application to the FBI National Academy Program 7/3/17 B N N

17-146 Reminder: Revised Workers' Compensation Claim Form (DWC 1) 7/3/17 B N N 17-147 Field Training Officer/Sergeant Position 7/3/17 B N N

17-148 Specialist Team Tryouts 7/14/17 B N N

17-153 Position Opening: Background Investigation Unit 02 Police Officer 7/7/17 B N N

17-154 SFPD Identification Cards 7/10/17 B Y/16-108 N

17-158 Field Interview Cards 7/12/17 B N Y/15-150

17-161 Lactation Accomodation Policy 7/12/17 B N N

17-162 Like Work Like Pay Policy 7/12/17 B N Y/09-274

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San Francisco Police Department Bulletins Issued 3rd Quarter 2017

DATE PRIORITY SUPERSEDE RE-ISSUE YIN

DB TITLE ISSUED Y/N

-

168 iviiou/uommana van operator 10 be I nere vvitn i nose vvno nave

7/26/17 Been There B N N

17-169 Reports Regarding Vicious and Dangerous Dogs 7/26/17 B Y/17-048 N 17-171 Procedures for Requesting Forensic Artist Services 8/16/17 B N N 17-177 Position Opening: Field Training Office, Sgt & Ofc 8/24/17 B N N 17-181 Position Opening: Commercial Vehicle Enforcement Officer 8/31/17 B N N 17-182 Position Opening: TCIU Investigator, Sergeants and Inspectors 8/31/17 B N N 17-185 Position Opening: Sex Registrant (290 PC) Station Liaison Officer 9/13/17 B N N 17-186 Position Opening: Legal Division Sergeant 9/13/17 B Y/16-200 N 17-187 Position Opening: SVU Investigator 9/13/17 B Y/16-150 N 17-188 Medical Imaging Equipment Safety 9/19/17 B N N 17-189 Position Opening: Academy Report Writing Coordinator 9/21/17 B N N 17-190 Position Opening: HRMS Coordination Supervisor 9/21/17 B N N 17-194 Position Opening: EVOC Supervisor 9/28/17 B N N 17-159 Promotional Announcement 7/12/17 C N N 17-166 Restructure of Command - CED 7/21/17 C N N 17-170 70th Annual Police and Fire Mass 8/11/17 C N N

17-172 Chief's Message 16th Anniversary of the September 11th, 2001, Attacks

8/17/17 C N N

17-179 2018 Sherman Block Supervisory Leadership Institute (SBSLI) 8/24/17 C Y/16-033 N 17-191 Promotional Announcement - Captain & LT's 9/26/17 C N N 17-192 Promotional Announcement - Cmdr. Ewins 9/26/17 C N N 17-193 Command Staff Assignments 9/27/17 C N N

17-195 Seasonal Influenza Vaccination 9/29/17 C Y/16157 N

TOTAL DBS ISSUED IN Q2= 52 = 21 = 22

"C" = 9

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