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  • Public record disclosure under SB 1421

    San Francisco 2019-2020

    Office of the Public Defender November 27, 2019

  • Records Received from DPA in 2019

    Source: San Francisco Public Defender

    0%

    25%

    50%

    75%

    100%

    1/1/19 2/1/19 3/1/19 4/1/19 5/1/19 6/1/19 7/1/19 8/1/19 9/1/19 10/1/19 11/1/19

    P er

    ce n

    ta g

    e o

    f a

    ll S

    F P

    D O

    ff ic

    er s

    Percentage of SFPD Officers with Disclosed Records and No Records

    Current DPA disclosure

    percentage: 14%

  • DPA’s Production of SB 1421 Records

    *The Public Defender will consider each disclosure of records “partial” unless informed by DPA that partial disclosure for an officer is complete.

    Source: San Francisco Public Defender

    No Response (Unknown)

    2013 86%

    No Records 287 12%

    Partial Dislosures* 39 2%

    SB 1421 Records Received for SFPD Officers

    No Response (Unknown) No Records Partial Dislosures

    Firearm 25

    62%

    GBI 15

    38%

    Dishonesty 0

    0%

    Sexual Assault 0

    0%

    Number and Type of SB 1421 Records Received

    Firearm GBI Dishonesty Sexual Assault

  • Projection of DPA Records Received through 2025

    Source: San Francisco Public Defender

    0%

    25%

    50%

    75%

    100%

    01/01/19 01/01/20 01/01/21 01/01/22 01/01/23 01/01/24 01/01/25

    P er

    ce n

    ta g

    e o

    f a

    ll S

    F P

    D O

    ff ic

    er s

    Percentage of SFPD Officers with Disclosed Records and No Records

  • Records Received from SFPD in 2019

    Source: San Francisco Public Defender

    0%

    25%

    50%

    75%

    100%

    1/1/19 2/1/19 3/1/19 4/1/19 5/1/19 6/1/19 7/1/19 8/1/19 9/1/19 10/1/19 11/1/19

    P er

    ce n

    ta g

    e o

    f O

    ff ic

    er s

    w it

    h a

    R es

    p o

    n se

    Percentage of SFPD Officers with Disclosed Records and No Records

    Current SFPD disclosure

    percentage: 5%

  • SFPD’s Production of SB 1421 Records

    *The Public Defender will consider each disclosure of records “partial” unless informed by SFPD that partial disclosure for an officer is complete.

    Source: San Francisco Public Defender

    No Response (Unknown)

    2224 95%

    No Records 57 2%

    Partial Dislosures*

    58 3%

    Number of Records Received

    No Response (Unknown) No Records Partial Dislosures

    Firearm 55

    92%

    GBI 5

    8%

    Dishonesty 0

    0%

    Sexual Assault 0

    0%

    Number and Type of SB 1421 Record Received

    Firearm GBI Dishonesty Sexual Assault

  • Projection of SFPD Records Received through 2025

    Source: San Francisco Public Defender

    0%

    25%

    50%

    75%

    100%

    1/1/19 1/1/20 1/1/21 1/1/22 1/1/23 1/1/24 1/1/25

    P er

    ce n

    te a

    g e

    o f

    O ff

    ic er

    s w

    it h

    a R

    es p

    o n

    se

    Percentage of SFPD Officers with Disclosed Records and No Records

    Projected SFPD disclosure

    percentage: 36%

  • Media Report of DPA & SFPD Staffing for SB 1421

    Source: San Francisco Examiner article dated April 3, 2019

  • DPA August Statement on SB 1421 Staffing

    Source: DPA statement created for August 24, 2019 SB 1421 symposium produced pursuant to a California Public Records Act Request

  • SFPD August Statement on SB 1421 Staffing

    Source: SFPD statement created for August 24, 2019 SB 1421 symposium produced pursuant to a California Public Records Act Request

  • Draft 1421 Protocol increases delay and nonproduction

    • Non-statutory delay should not be tolerated or promoted

    • 14-day delays have no end and eviscerate any deadline (see Section III.A., p.7)

  • SFPD’s Production of SB 1421 Records Twenty-Third Letter of Extension

    Source: Records Obtained Pursuant to a Public Records Act Request

  • SFPD’s Production of SB 1421 Records Twenty-Third Letter of Extension

    Source: Records Obtained Pursuant to a Public Records Act Request

  • Draft 1421 Protocol increases delay and nonproduction

    • Non-statutory delay should not be tolerated or promoted

    • 14-day delays have no end and eviscerate any deadline (see Section III.A., p.7)

    • Non-statutory notice to officers in Section II.A.4 (p.5) creates delay

    • Non-statutory coordination between agencies in Section V (p.10) creates more delay

  • Draft 1421 Protocol increases delay and nonproduction

    • “Sustained” defined by statute & not open for expansion

    • PC 832.8 : “Sustained” means a final determination by an investigating agency, commission, board, hearing officer, or arbitrator, as applicable, following an investigation and opportunity for an administrative appeal pursuant to Sections 3304 and 3304.5 of the Government Code, that the actions of the peace officer or custodial officer were found to violate law or department policy.

    • By excluding members who retire or resign before process is completed, the protocol unlawfully amends the definition to require taking and exhausting appeals

    • Protocol unlawfully blocks public access to DPA records. DPA can make a “sustained” finding where the Chief makes the same finding given “opportunity” for appeal thereafter

  • Draft 1421 Protocol increases delay and nonproduction

    • Redaction

    • SFPD and DPA redaction of all civilian names is not authorized

    • Discretionary redaction in Section II.C. must be case-specific

  • Draft 1421 Protocol increases delay and nonproduction

    DPA Redaction SFPD Redaction

    Source: Records Obtained Pursuant to a Public Records Act Request

  • Draft 1421 Protocol increases delay and nonproduction

    DPA Redaction

    SFPD Redaction

    Source: Records Obtained Pursuant to a Public Records Act Request

  • Draft 1421 Protocol increases delay and nonproduction

    • Great bodily injury definition

    • Section I.C.4.a misleadingly cites CALCRIM No. 810 (torture) for the definition of GBI, instead of CALCRIM 3160, the stand-alone GBI instruction

    • Protocol should incorporate CALCRIM 3160 defining great bodily injury in group context: If a person uses substantial force “sufficient in combination with the force used by the others to cause” great bodily injury, each person is liable for the GBI

  • Achieving a goal of full and transparent 1421 compliance in 2020

    • Establish a deadline and plan for complete 1421 compliance in 2020

    • Dedicate adequate resources – two employees per agency is not enough

    • Remove all non-statutory obstacles to SB 1421 production

    • Establish a clear search protocol to search for and produce records – the draft protocol leaves wide discretion, compromising transparency

    • Self-initiate investigation of publicized cases of police misconduct

    • Prioritize claims of dishonesty, excessive force, bias