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(a) This Ordinance shall be known as the "Safe San Francisco Civil Rights Ordinance."
(b) The City and County of San Francisco, including but not limited to the San Francisco Police Department, may assist federal agencies on the Federal Bureau of Investigation ("FBI" ) Joint Terrorism Task Force or any successor task force, joint operation, assignment or enforcement activity (collectively, "JTTF") in preventing and investigating possible acts of terrorism and other criminal activity only in a manner that is fully consistent with the laws of the State of California, including but not limited to the inalienable right to privacy guaranteed by Article 1, Section 1 of the California Constitution, as well as the laws and policies of the City and County of San Francisco and, as applicable to the Police Department, that Department's policies, procedures, and orders.
(c) Before execution of any Memorandum of Understanding or other written agreement, contract or arrangement (collectively, "MOU") between the San Francisco Police Department and the FBI regarding the Police Department's participation on the JTTF, or any amendment to an existing MOU with the FBI regarding the JTTF, the Chief of Police shall submit the proposed MOU and any related Department General Orders or Bureau Orders for discussion and public comment at an open meeting of the Police Commission.
(d) By January 31 of each year, the Chief of Police shall provide to the Police Commission a public report with appropriate public information on the Police Department's work with the JTTF in the prior calendar year, including any issues related to compliance with this Section.
The several ranks or positions in the Department shall be as follows: Chief of Police, captains, criminologists, lieutenants, inspectors, sergeants, assistant inspectors, police surgeon, police officers, police patrol drivers and women protective officers, and such other ranks or positions as the Police Commission may from time to time create as provided for in Section 2A.76 of this Code.
(Added by Ord. 320-96, App. 8/8/96)
The Police Commission shall by rule and subject to the fiscal provisions of the Charter, have power to create new or additional ranks or positions in the Department which shall be subject to the civil service provisions of the Charter; provided that the Police Commission subject to the recommendation of the Civil Service Commission and the approval of the Board of Supervisors may declare such new or additional ranks or positions to be exempt from the civil service provisions of the Charter. If the Civil Service Commission disapproves any such exemption, the Board of Supervisors may approve such exemptions by a majority vote of the members thereof.
The Police Commission may in their discretion designate the rank or ranks from which appointments to such exempt ranks or positions shall be made. The Chief of Police may appoint to any non-civil service rank or position above the rank of captain as may be created hereunder Department or any member of the Police Department who has had supervisory experience over other sworn law enforcement officers. If any new or additional rank or position is created pursuant hereto pending the adoption of salary standards for such rank or position, the Police Commission shall have power to recommend the basic rate of compensation therefor to the Board of Supervisors who shall have the power to fix the rate of compensation for said new rank or position and it shall have the power, and it shall be its duty without reference or amendment to the annual budget, to amend the annual appropriation ordinance and the annual salary ordinance to include the provisions necessary for paying the basic rate of compensation fixed by said Board of Supervisors for said new rank or position for the then current fiscal year.
The Police Commission shall also have power to establish and from time to time change the order or rank of the non-civil service ranks in the Police Department.
(Added by Ord. 320-96, App. 8/8/96; amended by Ord. 44-99, App. 3/26/99; Ord. 218-09, File No. 091031, App. 10/29/2009)
Notwithstanding the requirements in Section 2A.76. the Chief of Police may appoint to any non-civil service rank above the rank of captain any sworn law enforcement officer who has had supervisory experience over other sworn law enforcement officers in any federal, state or local agency that employs sworn law enforcement officers, provided however that no more than one such officer may hold an appointment at any one time.
The authority to make appointments under this Section 2A.76-1 shall expire five years from the effective date of this ordinance. The expiration of the authority that this Section creates shall not terminate or otherwise affect any appointment that the Chief of Police made under this Section.
(Added by Ord. 218-09, File No. 091031, App. 10/29/2009)
Subject to the provisions of the Charter governing the appointment and removal of non-civil service appointees, and without competitive examination, the Chief of Police shall have power to appoint a police surgeon; to appoint any person who meets the qualification in Section 2A.76 or 2A.76-1 to any non-civil service rank above the rank of captain as may be created by the Police Commission pursuant to the provisions of Section 2A.76 of this Code; and to appoint a member to any non-civil service rank below the rank of captain as may be created by the Police Commission pursuant to the provisions of Section 2A.76 from among the members of the Department holding the rank or ranks designated by said commission pursuant to the provisions of Section 2A.76 of this Code. When any member of the Department, detailed to any of the positions above mentioned, shall be removed from said detail or position, he or she shall be returned to his or her civil service rank and position, unless removed from the Department pursuant to the provisions of Section A8.343 of the Charter.
(Added by Ord. 320-96, App. 8/8/96; amended by Ord. 45-99, App. 3/26/99; Ord. 218-09, File No. 091031, App. 10/29/2009)
Assignment to the ranks of assistant inspector and inspector in the Police Department shall be made by the Chief of Police from among those members of said Department holding the ranks of sergeant or police officer who have qualified in the following manner; any of the aforesaid members of the Police Department who has served in the Department not less than three years shall be eligible to participate in a competitive examination for the rank of assistant inspector which shall be administered by the Civil Service Commission. The Chief of Police shall appoint assistant inspectors to fill vacancies in the rank of assistant inspector from the certified list of qualified candidates as provided for under the Civil Service Rules pertaining to uniformed personnel of the Police Department. If any member of the Department appointed as an assistant inspector is a sergeant at the time of the appointment or is appointed a sergeant thereafter, that member shall receive the rate of compensation attached to the rank of sergeant.
Assistant inspectors shall serve a six-month probationary period. Appointment as inspector shall not be subject to competitive examination. In case of vacancy in said rank of inspector the appointment shall be made by the Chief of Police from among those holding the rank of assistant inspector who have actually served as assistant inspector for at least two years prior to such appointment; provided, however, that in the event there are no assistant inspectors who have actually served as such for at least two years prior to such appointment, the appointment may be made by the Chief of Police from among those holding the rank of assistant inspector who have completed their six months' probationary period prior to such appointment. The Chief of Police may, from time to time, detail members of the Department for performance of duty, without change in rank, in the various units and bureaus of the Department.
Inspectors and assistant inspectors shall have the same rights as other members of the Department to take competitive examinations from their respective civil service ranks; provided, however, that any member of the Department holding the rank of inspector, assistant inspector or police officer may take the competitive examination for the rank of sergeant. An inspector or assistant inspector guilty of any offense or violation of the rules and procedures of the Police Department shall be subject to punishment as provided in Charter Section A8.343; provided, however, that in addition to the punishments set forth in Section A8.343, an inspector may be demoted to his or her civil service rank for any offense or violation set forth in said section and after trial and hearing before the Police Commission as set forth therein.
(Added by Ord. 320-96, App. 8/8/96; amended by Ord. 202-01, File No. 010762, App. 9/28/2001)
The Chief of Police shall have the power, by regulation, to provide for the care and restitution of property that may come into possession of any officer or employee thereof, and the sale at public auction of all such unclaimed property, as well as the disposition of such property as shall consist of weapons or articles used or that may be used in the commission of crime, or the sale or disposition of which is prohibited by law.
The Chief of Police may refuse to issue any permit that is subject to Police Department investigation and issuance, if it shall appear that the character of the business or the applicant requesting such permit does not warrant the issuance thereof, or the Chief of Police may revoke any such permit as soon as it shall appear that the business or calling of the person to whom it was granted is conducted in a disorderly or improper manner, or that the place in which the business is conducted or maintained is not a proper or suitable place in which to conduct or maintain such business or calling.
The Chief of Police in the performance of police duties shall have power to examine at any time the books and the premises of pawnbrokers, peddlers, junk and secondhand dealers, auctioneers and other businesses designated by the Board of Supervisors, and for these purposes shall have the power of inquiry, investigation and subpoena, as provided by the Charter.
(Added by Ord. 320-96, App. 8/8/96)
The traffic function of the Police Department shall be under the jurisdiction of the Chief of Police, who shall have powers and duties relating to street traffic, subject to all applicable laws, as follows:
(a) To regulate all street traffic by means of police officers and the emergency use of temporary signs or devices;
(b) To promote traffic safety education and to receive and give prompt attention to complaints in relation to street traffic and to refer all complaints relating to or arising from street design or from traffic devices, or the absence thereof, to the Department of Public Works or the Municipal Transportation Agency, as applicable;
(c) To collect and compile traffic accident data, copies of which shall be furnished to the Municipal Transportation Agency; and
(d) To cooperate and advise for the best performance of these functions, with the Department of Public Works, the Municipal Transportation Agency, the Fire Department, the Department of City Planning, the Board of Supervisors, and other departments and agencies of the City and County and of the State as may be necessary
(e) To review all proposed plans relating to traffic control devices that are received from the Municipal Transportation Agency and to make such recommendations to that Agency as may be deemed necessary for the proper regulation of street traffic.
The powers and duties of the Chief of Police with respect to these traffic functions shall not modify to any extent the powers and duties of any other department or office, but shall be, first for the purpose of assisting the Chief of Police in his or her regulation of traffic, and, second, for the purpose of recommendation only, to other departments or offices upon matters within their jurisdiction, but affecting to any extent the regulation of traffic.
(Added by Ord. 320-96, App. 8/8/96; Ord. 287-08, File No. 081340, App. 12/5/2008)
The Board of Supervisors shall have the power to appropriate to the Police Department an amount not to exceed in any one fiscal year the sum of $50,000 to be known as the contingent fund of the Chief of Police. The Chief of Police may from time to time, disburse such sums from such fund as in his or her judgment shall be for the best interests of the City and County in the investigation and detection of crime, and the Police Commission shall allow and order paid out of such contingent fund, upon orders signed by the Chief of Police, such amounts as may be required.
The Board of Supervisors shall have the power to appropriate to the Police Department an amount not less than $50,000 in any one fiscal year to be known as the narcotic fund of the Chief of Police. The Chief of Police may from time to time, disburse such sums from such fund as in his or her judgment shall be for the best interests of the City and County in the enforcement of the narcotic laws, and the Police Commission shall allow and order paid out of such narcotic fund, upon orders signed by the Chief of Police, such amounts as may be required.
(Added by Ord. 320-96, App. 8/8/96)
(a) Policy. It shall be the policy of the City and County of San Francisco to engage in community policing.
(b) Definition. Community policing is a philosophy and organizational strategy that includes community members in many aspects of police work and relies on partnerships between the San Francisco Police Department and community-based organizations, as well as city agencies and other public entities, including but not limited to the Department of Public Health, the Department of Children, Youth, and their Families, and the San Francisco Unified School District, in order to create safer communities, address the root causes of violence, and preserve healthy and vibrant neighborhoods in San Francisco. Community policing involves police officers working in collaboration with community leaders, residents and local businesses in proactive ways to identify public safety concerns and create inclusive solutions to community problems. Community policing depends on deep, transparent, and mutually respectful relationships between police personnel and community members to sustain cooperative working relationships. An important element in effective community policing is that police personnel and community members familiar with the needs and strengths of a particular community play an important policing role within that community and be allowed to develop their own innovative solutions to problems.
Community policing is not an abstract ideal; rather, it requires that the San Francisco Police Department commit to a departmental structure and philosophy that supports community policing, that it create strong structures for partnership with community members, that it maintain strong programs and communication mechanisms to connect with and build relationships with the broader community, and that it sustain effective systems to hold police officers accountable. In addition to the work of the San Francisco Police Department, community policing requires the existence of independent community-based violence prevention programs in order to prevent and reduce crime, including violent crime.
In the City and County of San Francisco, community policing may include the following:
(1) Structure and Philosophy of the San Francisco Police Department.
(A) An organizational structure that supports community policing, which may include a high ranking Department member in charge of monitoring, evaluating, and continually improving the Police Department's community policing activities and strategies, community policing lieutenants designated at each district station, and consideration of community policing skilling, including community feedback, in assignment or promotion decisions as permitted by Civil Service, Memorandum of Understanding and other applicable requirements;
(B) Officer foot patrols;
(C) Officers with advanced training in de-escalating dangerous situations including but not limited to those situations involving individuals in mental health crisis; and
(D) Ongoing training at all levels (academy, field, and in-services) in community policing for officers throughout their careers.
(2) Structures for Formal Partnerships Between the San Francisco Police Department and Community Members.
(A) Formal processes by which community members can interact and work with police personnel to discuss and problem solve neighborhood policing, community, and public safety concerns, for example, working groups, the existing Citizen Police Advisory Boards, or other advisory committees or boards;
(B) Training in community policing for community members on any advisor committees, boards, or working groups; and
(C) Mechanisms for annual review by civilian advisory committees, boards, or working groups, of adherence to this community policing policy and efficacy of the Department's community policing program.
(3) Community Relations.
(A) Community building activities such as Police Department sponsored mentorship programs for children, police participation in neighborhood and holiday celebratory events, town hall meetings, and community policing and violence prevention summits to explore issues and problems in particular communities or with particular people in the same demographic (e.g., youth, LGBT community, African-American community, Latino community, Native American community, Asian/Pacific Islander community, Middle Eastern community, homeless residents of San Francisco); and
(B) Regular two-way communication between personnel at the district stations and the community, which may include technological mechanisms to receive community feedback, district station newsletters, and use of social network tools.
(4) Effective Systems to Hold Officers Accountable.
(A) Strong "early detection systems" to identify problem officers; and
(B) An effective Department of Police Accountability that is responsive in a timely fashion to community concerns and that provides an on-line complaints system where complainants can file and check the status of their complaints.
(5) Community Based Violence Prevention Programs. A vibrant network of community-based organizations that complement the work of the Police Department by operating a coordinated set of programs including street outreach, intensive case management, safe havens or evening programs, afterschool programs, job training, community run GED education, crisis response services, and behavioral health services for trauma.
(c) Police Department Polices and Procedures. The Board of Supervisors urges the Police Commission and the Chief of Police to review Department policies and procedures for consistency with the community policing policy, and as necessary amend those policies and procedures, including but not limited to Departmental General Orders 1.03 "Duties of Patrol Officers," 1.04 "Duties of Sergeants," 1.05 "Duties of Station Personnel," 1.06 "Duties of Superior Officers," 1.07 "Duties of Command Officers/Field Operations Bureau," 3.02 "Terms and Definitions," 3.09 "Department Awards," 3.11 "Community Oriented Policing & Problem Solving," 3.12 "Department Training Plan," 3.13 "Field Training Program," and 3.18 "Performance Improvement Program."
(d) The Police Commission, Mayor, and Board of Supervisors shall review the Police Department's policies, procedures, community partnerships, organization and operations on an annual basis to ensure compliance with the community policing policy.
(a) Creation of Council. The Board of Supervisors hereby creates a Governance Council comprised of representatives of all participating criminal justice agencies in the City and County of San Francisco, or agencies that operate programs integrally related to the criminal justice system, to establish policy related to implementation and ongoing operation of JUSTIS (Justice Tracking Information System). JUSTIS is an integrated criminal justice information system serving participating criminal justice agencies in San Francisco.
(b) Functions of the JUSTIS Governance Council. The responsibility of the JUSTIS Governance Council include the following:
1. Setting priorities and approving direction for project development and enhancements;
2. Reviewing, approving, and submitting annual and supplemental appropriations requests.
3. Approving vendor contracts.
(c) Membership. The membership of the JUSTIS Governance Council shall be composed of the heads of the following agencies:
(1) San Francisco Superior Court.
(2) District Attorney.
(3) Public Defender.
(4) Sheriff.
(5) Adult Probation Department.
(6) Police Department.
(7) Department of Emergency Management.
(8) Juvenile Probation Department.
(9) Mayor's Office.
(10) Department on the Status of Women.
(11) City Administrator.
(12) Department of Technology (non-voting).
(d) Chair and Co-Chair of Council. The City Administrator shall serve as the permanent Chair. The Co-Chair, selected from among voting members, shall serve on an annual rotating basis.
(e) Meeting Frequency. The JUSTIS Governance Council shall meet at least twice annually. The Chair may call a special or emergency meeting as needed.
(f) Voting. Each voting agency shall have one equal vote. Only department heads or their authorized designees may vote. A designee must be authorized by the Department Head to vote on all action items at the meeting.
(g) Staffing. Each participating Department shall assign staff as needed to support the implementation of JUSTIS.
(Added by Ord. 309-00, File No. 001625, App. 12/28/2000; amended by Ord. 272-04, File No. 041242, App. 11/9/2004; Ord. 46-11, File No. 110011, App. 3/10/2011)
(a) Ten-Year Review. The boundaries of Police Department district stations should operate to maximize the effectiveness of police operations and the efficient use of police resources. No less than once every ten years, the Police Commission, in consultation with the Chief of Police, shall complete a comprehensive review of district station boundaries and make adjustments as appropriate.
(b) Data and Factors for Consideration. The Police Commission, in consultation with the Chief of Police, shall base the review of station boundaries on the following:
(1) Population data, including but not limited to the results of the decennial federal census;
(2) Data regarding non-residents including visitors, shoppers, workers and tourists who spend time in San Francisco;
(3) Proposed development or other activities that are likely to significantly alter the population of residents or non-residents in the following ten year period;
(4) Landscape features, whether natural or constructed, such as hills, waterways, major streets or transit lines, shopping districts, residential developments and parks;
(5) Boundaries of neighborhoods and cohesive communities;
(6) Areas with higher-than-average concentrations of children, youth and the elderly;
(7) Number, type and frequency of policing activities, including calls for service and arrests;
(8) Anticipated needs for police resources, including but not limited to adequate staffing for (i) foot beats and community policing efforts, (ii) areas experiencing or at-risk for higher-than-average crime, and (iii) areas with a special need for policing services due to lower-than-average arrest and conviction rates;
(9) Capacity of police resources, including but not limited to district station facilities, information technology, communications systems and police personnel;
(10) Neighborhood and community input; and
(11) Other relevant factors as determined by the Police Commission and the Chief.
(c) Review and Adoption of New Boundaries. No later than the first January 1st following official publication of the results of the federal decennial census, the Chief of Police shall develop and submit to the Police Commission a work plan for a comprehensive review of district station boundaries. The work plan shall include timelines, a budget, and identification of functions that can best be performed by technical experts in other City departments or from outside the City.
Consistent with implementation of the work plan, including appropriate budgetary support for the project, the Chief of Police shall review the station boundaries, including all data described above. The following shall provide technical assistance to the Chief of Police, as requested; the Controller, the Director of the Mayor's Office of Criminal Justice, the Director of Planning, and any other officers or employees engaged in planning, forecasting, building or population analysis. As part of the review, the Chief, with the assistance of the Mayor's Office of Criminal Justice and any expert identified or retained to manage the project, shall conduct public hearings and gather input from all affected communities.
Based on consideration of all relevant information, the Chief shall submit to the Police Commission a report analyzing the existing boundaries and making a recommendation for boundary changes, if any are warranted. The Chief shall submit the report and recommendation no later than the second January 1st following official publication of the results of the federal decennial census.
The Police Commission shall consider the Chief's report and recommendations, and any other information it deems relevant, and shall propose changes to district station boundaries where appropriate. The Commission shall forward any proposed to adjust station boundaries to the Mayor and the Board of Supervisors. The Commission also shall post the proposal at the Commission offices, outside the Commission's regular meeting location, and on the City's website, and shall send a copy to the Public Library. The Commission shall allow a minimum of 90 days from the date of posting for public comment, before taking final action to adopt new station boundaries. During the 90-day period, the Commission may hold hearings, take testimony, consider written comments, and revise the initial proposal. After a minimum of 90 days from the posting of the initial proposal, the Commission may adopt new station boundaries.
The Commission, in consultation with the Chief, may set an effective date for implementation of the new boundaries, which shall occur no later than eighteen (18) months from the posting of the initial proposal.
(Added by Ord. 243-06, File No. 060795, App. 10/4/2006; amended by Ord. 75-14, File No. 140226, App. 5/28/2014, Eff. 6/27/2014)
Editor's Notes:
This section was designated 2A.90 when enacted by Ord. 243-06, App. 10/4/2006. It was redesignated by the codifier when published, and subsequently officially redesignated by Ord. 75-14, Eff. 6/27/2014.
Former division (d) ("Transition Provision") expired on 1/1/2008.
This section was designated 2A.90 when enacted by Ord. 243-06, App. 10/4/2006. It was redesignated by the codifier when published, and subsequently officially redesignated by Ord. 75-14, Eff. 6/27/2014.
Former division (d) ("Transition Provision") expired on 1/1/2008.
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