c Official Publication Of The C SAN FRANCISCO POLICE OFFICERS ASSOCIATION This Publication was Produced and Printed in California, USA ✯ Buy American ✯ Support Local Business VOLUME 51, NUMBER 9 SAN FRANCISCO, SEPTEMBER 2019 www.sfpoa.org Doomed to Repeat the Past: DPA in Decline By Tony Montoya, The membership complies with DOJ officer’s termination was unlawful Most like- President recommendations and the Police for failure to provide an administra- ly, the San Commission’s Use of Force Policy. tive appeal. The POA is scheduled to Francisco Under Director Paul Henderson’s meet and confer regarding the lack of n e i g h b o r leadership, The Department of Police Sergeants Mellone and Steger made an administrative appeal process for is not a po- Accountability has not changed course every attempt to resolve this tragic written reprimands on minor mis- lice officer, after the upheaval that led to former situation. They employed the use of a conduct where the majority originate firefighter, Director Joyce Hicks’ resignation in 2017. Spanish-speaking interpreter to ensure from the DPA. plu m b e r, Former Director Hicks’ tenure came to that the suspect understood their com- electrician, an end shortly after DPA began a practice mands to drop the weapon. Sergeant The majority of our members or Muni bus driver because those of direct filing of frivolous complaints Mellone used a less lethal projectile to only know reform. middle-class workers cannot afford lo- to the Police Commission and seeking stop the suspect from using the machete The DPA needs to stop beating the cal housing. hefty suspensions. The Police Commis- and bring the encounter to a peaceful drum of “oversight” that reasonable San There is a real clash between new- sion summarily dismissed complaints, resolution. The suspect chose to charge Franciscans are not marching to. The comers in San Francisco and dwindling concluding minor misconduct was better the officers with a machete in hand. The DPA needs to realize the Department’s working-class residents. Each adheres to handled by smaller penalties imposed suspect should be held responsible for reform efforts have been effective, and differing views on dealing with quality by the Police Department. Hicks’ loss of the fatal outcome of this situation NOT the majority of members, having less of life issues. The police have historically credibility at the Police Commission, and Sergeants Mellone and Steger. than 5 years, are complying with train- been more involved in providing servic- a vote of no confidence by her investiga- ing. The majority of the membership The DPA is losing credibility. es such as investigating crime, ensuring tors, marked the end of her DPA tenancy. have never experienced prior police the streets are safe, maintaining peace, The POA is combatting and often de- practices that were scrutinized by the The more times change, the and building community relations. feating the DPA’s overreaching attempts DOJ reform and the SFDA’s Blue Ribbon more they remain the same. Overzealous DPA attempts to punish to end our members’ careers: Panel. Modern policing is reactive and The DPA is on a self-destructive officers dissuades our members from • On July 9, 2019, POA attorneys blocked very few officers still engage in proac- course and risks losing credibility by being involved in the community and the DPA’s attempts to force an officer tive stops that are not traffic related. It engaging in overreaching, far-flung responding to calls for service. The DPA to reveal his private social media is baffling that the DPA and most elected theories to sustain allegations for di- should focus on the quality of positive password, in violation of the Labor officials still live in the past and ignore rect filings at the Police Commission. police services being provided to the Code. current public safety initiatives effective Doubling down on a deck stacked with community. It must be fair and impar- • On July 8, 2019, a Superior Court in San Francisco. losing cards, the DPA hopes to suspend tial when it investigates complaints. If Judge, ordered an injunction prohib- Sergeants Mike Mellone and Nate Ste- Culture clash and police services. a member does wrong, they should be iting the Police Commission from ger for 45 and 30 days respectively in San Francisco is experiencing an ex- held accountable. We are not asking for a pursuing unlawful charges directly an officer involved shooting that was traordinary boom in the local economy. pass. We are only asking for reason and filed by the DPA. ruled justifiable. The DPA disregarded Condos seem to be being built on every practicality be applied to the investiga- • On June 27, 2017, the California Su- the District Attorney’s clearance letter corner, and the congesting is mounting. tive process. Filing frivolous complaints preme Court of Appeal found a DPA -- which concluded that the shooting Neighborhoods have evolved, many hurts the community, and reduces qual- initiated complaint that lead to an was justified -- and the Police Depart- to the upscale side thanks to Big Tech. ity police services. ment’s administrative clearance of the incident. Despite those findings, the Recent Clarifications of Department Bulletins DPA concluded that the officer’s use of force was not justified because their use By Matt Lobre approved overtime card is included with (worked or paid time off) will count of a non-lethal projectile “aggravated” the SFPOA Secretary the bi-weekly payroll report submitted to towards those of you eligible to earn the suspect to charge the officers with a ma- the payroll unit at staff services. retention pay. chete. In DPA’s view, people are allowed As most of you know by now, we have Going forward, this process should • 1% for 10 years or more of service. to charge at officers with a machete if had some recent updates via Department resolve any issues with any of you that • 2% (3% cumulatively) for 15 years or an officer attempts to apprehend them Bulletins that are worth noting. Depart- work mandatory overtime. more for service. using non-lethal force. ment Bulletin 19-162 regarding over- I would like to thank retired Assistant • 2% (5% cumulatively) for 20 years or time rules and reporting. This bulletin Chief Hector Sainez, Assistant Chief Bob more for service. replaces bulletin 17-112. The key point Moser, Deputy Chief Greg Yee, as well • 2% (7% cumulatively) for 25 years or worth noting in this DB is the definition as Staff Services Captain Paul Yep who more for service. of “Mandatory Overtime”. worked collaboratively with President While this is set to take effect July 1, For many years, some of you may Montoya and I to get this issue resolved 2020, please remember that in March of not have been compensated for hav- for our members and get you proper 2020, should the Mayor’s Budget Director ing worked mandatory overtime after compensation. and the Board of Supervisors’ Budget a 10B shift, or after you regular tour The other bulletin worth noting Analyst project a budget deficit for fiscal of duty. But due to circumstances be- — which took over seven months of year 2020-2021 that exceeds $200 million, tween the emerge payroll system and work, but finally has been issued — is then retention pay would be delayed to HRMS (which most are familiar with), Department Bulletin 19-171 (Retention January 1, 2021. some members would lose mandatory Pay Premium Effective July 1, 2020). To I want to thank Chief Scott, as well as overtime due to an unforeseen sick day earn this premium, members must have: retired Assistant Chief Hector Sainez, to stay home with your child/doctor 1. Worked and continue to work not Assistant Chief Bob Moser, Deputy Chief appointment, or perhaps you may have less than 1700 hours in an on-going, Greg Yee, as well as Staff Services Cap- taken a PE or FH in that 7-day window consecutive (rolling) twelve (12) tain Paul Yep. We are also grateful to the (Saturday through Friday) and lost the month period. City Attorney’s Office and Department mandatory OT from having to write a 2. Employees who have been sus- of Human Resources for taking the time report after your 10B shift. pended 11 or more days during the to review and acknowledge this as well. Well, with the issuance of DB 19-162, preceding twelve months shall not Know that extensive work on getting the that no longer should be an issue for our be eligible. terms “WK” and “WKP” clearly defined members. Going forward, should you be was the key. Again, this collaborative required to stay and work mandatory 3. Employees must have a POST Inter- effort with President Montoya and I overtime, make sure to write “MANDA- mediate Certificate or higher. Periodicals postage paid at San Francisco, (USPS CA #882-320) was another example of working for our TORY” on the back of the overtime card Similar to the San Francisco Employee members to get issues resolved and get (if you have a case number, definitely in- Retirement System, which acknowledges you all properly compensated. clude that). Captains will now have your all worked or paid time off counting These are benefits our members unit/station payroll clerk make sure a towards service credit. All paid time should be truly proud of going forward. photocopy of the front and back of the Page 2 POA Journal September 2019 Minutes of the August 21, 2019, Board of Directors Meeting Call to Order Approval of July 2019 Board Minutes the POA and City in the process of why staffing and deployment was 1.