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The Blue Ribbon Panel on Transparency, Accountability, And Report of The Blue Ribbon Panel on Transparency, Accountability, and Fairness in Law Enforcement July 2016 www.SFBlueRibbonPanel.com Report of The Blue Ribbon Panel on Transparency, Accountability, and Fairness in Law Enforcement July 2016 www.SFBlueRibbonPanel.com The Blue Ribbon Panel on Transparency, Accountability, and Fairness in Law Enforcement Panel Members Hon. LaDoris H. Cordell Hon. Cruz Reynoso Hon. Dickran M. Tevrizian Executive Director General Counsel Anand Subramanian Jerome C. Roth Counsel Working Groups Stops, Searches, Personnel and Internal Use of Force and and Arrests Discipline Officer-Involved Shootings Morrison & Foerster LLP Sidley Austin LLP Morgan, Lewis & Bockius LLP Arturo J. González Joshua Hill Kevin M. Benedicto Danielle Coleman Jaime A. Bartlett Ellie F. Chapman Ian K. Bausback Rachel R. Davidson Michelle Park Chiu Amanda Hines Gold Patrick S. Kelly Tania Prado Antonio L. Ingram, II Jennifer Gaspar Jenna K. Stokes Renée Pesiri Lucy Wang Vikram S. Shah Colin C. West External Oversight and Brady Policies and Culture Crime Data Counsel to the Panel Practices Munger, Tolles & Baker & McKenzie LLP Sheppard, Mullin, Hanson Bridgett LLP Olson LLP Richter & Hampton LLP Robert W. Tarun Neil R. Bardack Raymond C. Marshall Nicholas D. Fram Christina M. Wong Matthew J. Peck Krystal N. Bowen Carolyn Hoecker Anne M. Kelts Candice P. Shih Luedtke Mukund Sharma Kyle W. Mach Liên H. Payne Joshua Patashnik Persyn Law & Policy Juliana M. Yee Mary Kelly Persyn Blanca Fromm Young Acknowledgments The Blue Ribbon Panel on Transparency, Accountability, and Fairness in Law Enforcement expresses deep gratitude to these law schools for their support of this effort. Golden Gate University School of Law, including Dean Rachel Van Cleave, and the following faculty, staff members, and students: Paul Gibson, Mateo Jenkins, Corey Farris, David George, Bianca Penaloza, Kevin Ballard, Christopher Paynter, Anuar Ramirez-Medina, Sierra Fotos, and Cristina Resendiz-Pineda. Stanford Law School, including Dean M. Elizabeth Magill, CodeX—the Stanford Center for Legal Informatics, and the following faculty, staff members, and students: Robert Weisberg, Deborah Mukamal, Micah Bluming, Marcus Bourassa, Shih-Chun Chien, Amari Hammonds, Charles Johnson, Sean McGuire, Zehava Robbins, Paulina Slagter, Li Zhu, Rochelle Ballantyne, Nico Corti, Corey Garcia, Sierra Kephart-Clary, Olapade Omotokunbo, Tim Hegedus, Dan Sakaguchi, Wesley Tiu, and Charlie Walker. UC Davis School of Law, including Dean Kevin Johnson, and the following faculty, staff members, alumni, and students: Timothy Griffiths, Steven Schwartz, David Holtmann, Edward Henn, Anna Ratner, Eduardo Garnica, Jonathan Louie, James Baker, Yu Zhang, Zainab Shakoor, Kaitlyn Bigoni, Cathryn Dalton, Lusine Chinkezian, Andria Kim, Andrea Gonzales, David Canela, Christopher Rhee, Nicolas Sweeney, Sherif Gohar, Sylvia Cunningham, Rachel Kane, and Jamie Shepherd. University of San Francisco School of Law, including Dean John Trasviña, and the following faculty, staff, and students: Rhonda Magee, Joannabelle Aquino, Mario Iskander, Deborah Lai, Lee Lishuo, Lizbeth Malmstead, Liz (Carmen) Martinez, Pearl Tan, Caitlin Wiley, and Donna L. Creasman. University of Southern California Gould School of Law, including Dean Andrew T. Guzman, and the following faculty, staff members, and students: Malissa Barnwell-Scott, Sujata Awasthi, Charles (Chase) Bakaly, Cameron Edwards, Tyler Earl, Robert Fiffer, Eric Gamboa, Daniel Gherardi, Alex Griffin, Brandon Hamburg, Will Heinke, Phil Horlacher, Alexandra (Allie) Mateus, Amanda Sardis, Arsh Singh, Anne Waddell, and Austin Young. The Panel offers its deep gratitude to its interviewees for sharing their valuable time and perspectives. The Panel would also like to thank the following individuals and organizations for their support and/or participation. Miriam Krinsky, Nisha Balaram, John Crew, Saira Hussain, Nikki Hatfield, Chris Wesley Magaña, Adam Nguyen, Brittara Blaine, Greg LeSaint, Ingrid Pfister, Jacqueline Tam, Matt Rilla, Mustafa Rizvi, William Solis, Elizabeth Ho, Jae In Yoo, Jennifer Zheng, Joseph Rosner, Egbert de Groot, Prashant Rai, Michael Lamb, Belinda Morales, Jeannine Ventura, Zachary Glasser, Tigr Mennett, Susan Ahmadi, Marilyn Ramos, Eleanore C. Fernandez, Kate Lucy Eves, Edgar Nazaretyan, Carolina Morales, Adele Carpenter, Beverly Upton, Arati Vasan, Zahra Billoo, Lara Kiswani, Phelicia Jones, Frank Williams, Adriana Camarena, Oscar Salinas, Shamann Walton, Ruth Barajas-Cardona, Jon Osaki, David Carlos Salaverry, Lia Salaverry, the Justice for Mario Woods Coalition, the Justice for Alex Nieto Coalition, the Free SF Coalition, the Bayview Senior Services Senior Ex-Offender Program, Fahkra Shah, Chandra Sivakumar, Michael Hinson, David Sweet-Cordero, Ruby Jackson, and Michele Black. Thank you to San Francisco District Attorney George Gascón and his staff for their support, including Cristine Soto-DeBerry, Captain Thomas Shawyer, Robyn Burke, Lisa Ortiz, Maria McKee, Marisa Rodriguez, Luis Aroche, and paralegals involved in the incident report review, including Blanca Conway, Reg Clay, Jasmine Moore, Alex Lopes, Monica Martinez, Nina Stellini, Katrina Jones, Corrie Anderson, and Kristine Singh. Glossary of Terms • ACLU – American Civil Liberties Union • AIM – Administrative Investigations Management • BWC – body-worn camera • CABLE – Computer Assisted Bay Area Law Enforcement system • CDW – Crime Data Warehouse system • CJSC – California Department of Justice’s Criminal Justice Statistics Center • Compstat – SFPD computer statistics • COPS – DOJ’s Office of Community Oriented Policing Services • CUAV – Community United Against Violence • DA – San Francisco District Attorney • DB – SFPD department bulletin • DGO – SFPD department general order • DOJ – U.S. Department of Justice • DHR – San Francisco Department of Human Resources • EIS – Early Intervention System • FBI – Federal Bureau of Investigation • FI – field interview • IAD – Internal Affairs Division • LAPD – Los Angeles Police Department • LGBT – lesbian, gay, bisexual, and transgender • MOU – memorandum of understanding • NAACP – National Association for the Advancement of Colored People • NYPD – New York Police Department • OCC – San Francisco Office of Citizen Complaints • OIS – officer-involved shooting • OFJ – Officers for Justice • OIG – Office of Inspector General • OPD – Oakland Police Department • PAL – Police Activities League • PEG – Police Employee Group • POA – San Francisco Police Officers’ Association • POBR – California Public Safety Officers Procedural Bill of Rights • POST – California Commission on Peace Officer Standards and Training • PRA – California Public Records Act • SFPD – San Francisco Police Department • SFSO – San Francisco Sunshine Ordinance • SOTF – San Francisco Sunshine Ordinance Task Force • SPU – Special Prosecutions Unit • UCR – Uniform Crime Reports Contents Introduction . 1 Background . .3 Panel Scope and Structure. .5 Investigatory Process and Methodology. .6 SFPD Overview and General Recommendations . 13 Community Perspectives . .17 Chapter 1: Stops, Searches, and Arrests. .23 Background . 23 Findings . 27 Recommendations . 42 Chapter 2: Personnel . 49 Background . 49 Findings . 54 Recommendations . 59 Chapter 3: Use of Force and Officer-Involved Shootings . 61 Background . 61 Findings . 67 Recommendations . 73 Chapter 4: Internal Discipline . 85 Background . 85 Findings . 89 Recommendations . 94 Chapter 5: External Oversight . 99 Background . 99 Findings . 100 Recommendations . 118 Chapter 6: Brady Policies and Practices . 123 Background . 123 Findings . 129 Recommendations . 133 Chapter 7: Culture. 137 Background . 137 Findings . 138 Recommendations . 148 Chapter 8: Crime Data. 151 Background . 151 Findings . 153 Recommendations . 155 Appendix A: List of All Findings and Recommendations . 156 Findings . 156 Recommendations . 159 Appendix B: A Timeline of San Francisco Police Department Incidents and Calls for Reform . 163 Appendix C: Government Motion Containing Textgate Messages . 168 Appendix D: List of Selected Panel Interviewees . 177 Appendix E: Selected Correspondence Related to SFPD Cooperation with the Panel . 180 Appendix F: Proposed Bulletin from Panel to SFPD . 193 Appendix G: Panel Public Records Act Request . 194 Appendix H: SOTF Order of Determination . 202 Appendix I: Draft MOU on Use of Force and OIS Investigations . 204 Appendix J: DA’s Internal Brady Policy . 211 Appendix K: DA’s External Brady Policy . 224 Appendix L: SFPD’s Brady Policy. 232 Introduction 1 Introduction The Blue Ribbon Panel on Transparency, Accountability, and Fairness in Law Enforcement (the Panel) was established as an advisory body to the San Francisco District Attorney in May 2015 in the wake of revelations that 14 San Francisco Police Department (SFPD) officers had exchanged numerous racist and homophobic text messages. The text messages—milder examples of which included statements such as “Cross burning lowers blood pressure! I did the test myself!” and “I still hate black people”—expressed blatant hostility toward and mocked people of color—including SFPD officers—and insulted lesbian, gay, bisexual, and transgender (LGBT) people. The Panel was tasked with answering the critical and obvious question that the text-messaging scandal raised and—to the Panel’s knowledge—no other city agency had investigated: Was the racial and homophobic bias so clearly demonstrated by the offensive texts a reflection of institutionalized bias within the SFPD and, if
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