2016 DOJ CRI RECOMMENDATION 2.1
Recommendation 2.1 The SFPD must work with the City and County of San Francisco to develop a process that provides for timely, transparent, and factual outcomes for Officer Involved Shooting incidents.
Recommendation 2.1 Response The San Francisco Police Department is currently in the process of finalizing a Memorandum of Understanding (MOU) with the District Attorney’s Office to streamline the outcomes of Officer Involved Shootings. The SFPD Internal Affairs Division OIS team is currently moving forward with the administrative investigation in lieu of receiving a charging decision letter from the DA’s Office. Upon completion, the cases are presented to the department’s Firearm Discharge Review Board. The SFPD website also posts all statistics and updates regarding OIS incidents. The SFPD Internal Affairs Division OIS team presents quarterly reports to the San Francisco Police Commission, which are held in a public forum. These reports involve presenting recently closed investigations as well as giving updates on current open cases.
Recommendation 2.1 Response The SFPD also utilizes the social media platforms such as Twitter and Facebook where information is released to the public regarding Officer Involved Shootings, updates, and identities of Officers involved. The SFPD Media Relations Unit provides and distributes multiple media updates following an Officer Involved Shooting incident. Lastly, the SFPD is in the process of implementing new procedures to identify a clear standardization of the investigative (administrative and criminal) process and case evaluation reports, identifying and eliminating redundant procedures, and creating focus groups with 3 rd party entities (District Attorney’s Office and the Department of Police Accountability) to expedite the exchange of material
Collaborative Reform Initiative Use of Force - Finding #3 Recommendation # 3.2 Executive Sponsor Working Group Presentation Thursday, 10/10/17 1
Use of Force – Finding #3 The SFPD and the Police Commission collaboratively worked with community stakeholders to update Department General Order 5.01 – Use of Force policy. Department General Order 5.01 was last revised in 1995. The draft revision, dated June 22, 2016, reflects policy enhancements that progressive police departments across the country have implemented, including incorporating recommendations from the Final Report of the President’s Task Force on 21 st Century Policing. However, because of collective bargaining practices, the policy has not yet been implemented by the Police Commission as of the date of this report. Note: New Use of Force policy was implemented in December 2016. 2
Recommendation #3.2 The SFPD should work with the Police Commission to obtain input from the stakeholder groups and conduct an after-action review of the meet-and-confer process to identify ways to improve input and expedite the process in the future for other policy development. 3
Stakeholder Survey What did you value about the re-engineering of DGO 5.01, and what areas could be improved? Re-engineering the Use of Force policy was a lengthy process, can you suggest ways to expedite this process in the future? In reference to the DGO 5.01, the SFPD sought input via stakeholder and Police Commission meetings. How else can we encourage thoughtful input? Any additional thoughts and comments as we continue to improve how the Department’s policies and related negotiations are conducted? 4
What did you value about the re-engineering of DGO 5.01 The process was fair with adequate time for input from all involved. Representatives from different communities and organizations included in process. Stakeholders dedication to educate themselves on the issues. The hard work, legal research, and documentation of best practices provided by stakeholders (research/input). SFPD included input on policy from stakeholders in areas where there was not agreement. AC Sainez was fair and patient facilitator, and SFPD did an excellent job of chronicling/documenting the process. POA met with stakeholders for two days to reach consensus on majority of policy. 5
What areas could be improved? POA were not involved in initial draft, presented their own draft policy to the Commission, outnumbered other stakeholders at working group. The composition of the meetings could be improved. Provide clear guidelines about the roles of all stakeholders, and proposals drafted outside the working group. AC Chaplin offered good leadership, but the Department’s vision was not presented. Proposals and agreements had to be presented to Police Commission after each meeting, and a partial answer provided at the subsequent meeting, delaying the decision process. 6
Can you suggest ways to expedite this process? Subject matter experts prepare original/first draft. Have decision makers present with authority to make decisions during all negotiations. Begin meet-and-confer with a clear definition of which issues are work related, and which are non-work related. Set reasonable time lines for meet-and-confer. Process was not too long in light of the complexity of the issues. Process felt rushed.
How else can we encourage thoughtful input? Have subject matter experts provide expert opinions – vet/draft the first proposal prior to community input. More inclusion of impacted community members in working group. Announcement of community meetings throughout the city inviting public comment on revisions prior to the Police Commission vote. Post Department General Order revisions on newsletters or Department/ Police Commission websites and invite community input. 8
Any additional thoughts/comments to improve how the Department’s policies and related negotiations are conducted? Develop a strategic plan with a clear vision for the Department, with more inclusion of community and outside academics. Conduct frequent review of all Department General Orders to ensure they are up to date with technological, legal, and occupational advances. Comply with the provisions of the Meyers-Milias-Brown Act (MMBA), section 3505, governing ‘meet -and- confer’ over working conditions. Overall very impressed with the thoughtful in depth discussions and negotiations respecting all views. Commit more training for officers as new policies are rolled out to advance rather than undermine reforms. 9
Going Forward ... Department General Order 3.01 • DGO 3.01 Written Communications System describes the types of communication and directives within the Department such as General Orders, Department Bulletins, Bureau Orders, Unit Orders, Crime Bulletins etc.. • DGO 3.01 is currently being updated and will address the process for adoption and/or amendment of current DGO's and write new policies. (edit sections rather than the complete DGO - policy change to adapt changes in law). • Professional Standards and Principled Policing Bureau was created in February 2016 and will be responsible for the ongoing update and review of all policy.
DOJ Reforms Finding #13 Public Relations LT. GILMORE SGT. ANDRAYCHAK
Town Hall Meetings Finding #13: The SFPD engages with the community following an officer involved shooting incident through a town hall meeting in the community where the event occurred. Recommendation 13.1 The practice of hosting a town hall meeting in the community shortly after the incident should continue with a focus on releasing only known facts.
13.1 Town Hall Meetings The purpose of this recommendation was to formalize a policy requiring that a town hall meeting be held following an officer involved shooting. The Department began the practice of holding town hall meetings under former Chief Gascon. The practice continued under former Chief Suhr. While town halls were held following officer involved shootings, there was no formal (written) policy. Media Relations Unit Order 16-03 formalizes the requirement to hold a town hall meeting within 10 days of an OIS, in the community affected by the incident. Roll Call Training was held within the MRU and the PIO Team uses the Unit Order as a guide following an OIS.
DOJ Reforms Finding #14 Public Relations LT. GILMORE SGT. ANDRAYCHAK
Engaging the Community following an Officer Involved Shooting Finding #14: The SFPD does not have a strategy to engage with the broader community following a fatal OIS until its conclusion. Recommendation 14.1: The SFPD should develop an ongoing communication strategy for officer involved shootings. Recommendation14.2 : The SFPD should ensure that media outreach is immediate and that information conveyed is accurate and succinct. Recommendation 14.3: The SFPD should use social media as a tool to relay critical and relevant information during the progression of the investigation.
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