San Francisco Department of Police Accountability Chief of

San Francisco Department of Police Accountability Chief of Staff Sarah Hawkins

Mission Fairly and impartially investigate complaints against San Francisco police officers, Make policy recommendations regarding police practices, and Conduct periodic audits or reviews of the San Francisco Police Department.

Complaint Investigations Policy Recommendations Audits

History 1982 2003 2016 Creation by Charter Amendment Police Commission increased from 5 to 7 Voters clarified and twice expanded DPA jurisdiction DPA Director empowered to file charges directly with the police commission Renamed DPA (formerly OCC) Independent form SFPD Reports directly to Police Commission nominates director, Mayor appoints with BOS approval Mandatory OIS Investigations Mandatory biennial audits: Use of Force and Misconduct Investigations Discretionary audit powers

Investigations and Audits INVESTIGATIONS PERFORMANCE AUDITS AND REVIEWS Complaints about on-duty officers made by non-officers Department-wide use of force practices Misconduct and Neglect of Duty SFPD handling of sustained misconduct (DPA and IAD) All OIS with injury

Allegations Neglect of Duty Unwarranted Action Conduct Unbecoming an Officer Use of Force Referrals and Informational Policy

Allegations Subtypes Neglect of Duty Failure to activate bodyworn camera Conduct Unbecoming an Officer Unwarranted Action Inappropriate comments or behavior Misused city property for personal use Failure to follow SFPD policy Racial bias or law Sexual slurs Failure to write an incident Report Misrepresenting the truth Failure to provide name and star number upon request Misused police authority Issuing a citation without cause Use of Force Used a carotid restraint hold Failure to comply with DGO 5. 01 Handcuffing without cause Unnecessary or excessive force Improper search or seizure of a person, property, or vehicle Intentionally and improperly discharged a firearm, on- or off-duty

Investigative Process Interview Complainant Gather Evidence Interview Witnesses Interview Officers Preliminary Findings

Sample Complaint

Mediation

Findings Improper Conduct (Sustained) By a preponderance of the evidence, the DPA found that misconduct or neglect occurred. Other No Findings Proper Conduct Withdrawn Unfounded Information Only Referral Insufficient Evidence Information Only (Other) Training Failure Mediated Supervision Failure Policy Failure

NON-DISCIPLINARY Admonishment Counseling Training Discipline Written Reprimand Suspension Fines Termination Criminal Prosecution

DPA COMPLAINT PROCESS OVERVIEW DPA Office DPA MEDIATION Police Station DPA COMPLAINT INTAKE Online Phone Referral DPA INVESTIGATION § Complainant § Video § Officer(s) § Documentary § Witnesses Evidence DPA Investigative Team (Investigator, Senior Investigator, and Attorney) makes findings Reviewed by Chief of Investigations Discipline of 10 day suspension or lesser Officer can request Chief’s Hearing DPA defends findings Reviewed and Decided by DPA Director POLICE CHIEF 1. DPA Director recommends Officer can appeal discipline level to Chief, who can determines discipline level up to 10 days suspension To POLICE COMMISSION 1. POLICE COMMISSION Adjudicates officer appeals from Chief’s Level discipline 2. Adjudicates discipline greater than 10 days suspension, up to and including termination 3. DPA defends findings at both types of hearings DPA File to POLICE CHIEF with DPA Sustained Finding(s) POLICE CHIEF or DPA DIRECTOR 2. If Chief disagrees or declines to impose discipline, case concludes unless DPA files charges with the Police Commission 3. Alternately, DPA Director can recommend that, on Chief’s behalf, DPA file charges directly with the Police Commission for proposed discipline greater than 10 days Letter to Complainant: • Sustained or Not • Policy or Training Failure Letter to Officer: • Sustained or Not • Policy or Training Failure DPA Publishes Findings in Reports • Officers and Complaints not named • California law protects confidentiality of most peace officer personnel records

US CONSTITUTIO N CALIFORNIA LAW SAN FRANCISCO LAW SFPD RULES

TOTAL ALLEGATIONS BY TYPE Neglect of Duty 706 Conduct Unbecoming an Officer 560 799 COMPLAINTS = 1844 ALLEGATIONS FOR Unwarranted Action 354 INVESTIGATION Use of Force Referrals and Informational Policy 162 57 5 Data Source: 2020 Annual Report

er op pr pe on rv is i ni ng ai re 31 ilu Fa re lu Fa i 48 Tr y lic 85 Po al io n at rm 105 fo n aw dr 0 ith ed 110 W ia t ed M ) ed in ta us (S 159 In ct du ra l er 187 Su C on ef R 100 Im ng di 200 Fi n ce en id Ev ed 400 N o nt ie fic su f In nd ou nf ct du on C 800 U er op Pr Frequency of Findings Data Source: 2020 Annual Report 1000 900 864 700 600 500 418 300 254 11 2

Use of Force; 7 IMPROPER CONDUCT (SUSTAINED) FINDINGS BY ALLEGATION TYPE Unwarranted Action; 15 Conduct Unbecoming an Officer; 18 Neglect of Duty; 70 Data Source: 2020 Annual Report