2016 DOJ CRI RECOMMENDATION 2.1 Recommendation 2.1 The SFPD must - - PowerPoint PPT Presentation
2016 DOJ CRI RECOMMENDATION 2.1 Recommendation 2.1 The SFPD must work with the City and County of San Francisco to develop a process that provides for timely, transparent, and factual outcomes for Officer Involved Shooting incidents.
RECOMMENDATION 2.1
The SFPD must work with the City and
County of San Francisco to develop a process that provides for timely, transparent, and factual outcomes for Officer Involved Shooting incidents.
Response
The San Francisco Police Department is currently in the process of finalizing a Memorandum of Understanding (MOU) with the District Attorney’s Office to streamline the outcomes of Officer Involved Shootings.
The SFPD Internal Affairs Division OIS team is currently moving forward with the administrative investigation in lieu of receiving a charging decision letter from the DA’s Office. Upon completion, the cases are presented to the department’s Firearm Discharge Review Board.
The SFPD website also posts all statistics and updates regarding OIS incidents.
The SFPD Internal Affairs Division OIS team presents quarterly reports to the San Francisco Police Commission, which are held in a public forum. These reports involve presenting recently closed investigations as well as giving updates on current open cases.
Response
The SFPD also utilizes the social media platforms such as Twitter and
Facebook where information is released to the public regarding Officer Involved Shootings, updates, and identities of Officers involved.
The SFPD Media Relations Unit provides and distributes multiple media
updates following an Officer Involved Shooting incident.
Lastly, the SFPD is in the process of implementing new procedures to
identify a clear standardization of the investigative (administrative and criminal) process and case evaluation reports, identifying and eliminating redundant procedures, and creating focus groups with 3rd party entities (District Attorney’s Office and the Department of Police Accountability) to expedite the exchange of material
Collaborative Reform Initiative Use of Force - Finding #3 Recommendation # 3.2
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Executive Sponsor Working Group Presentation Thursday, 10/10/17
Use of Force – Finding #3
The SFPD and the Police Commission collaboratively worked with community stakeholders to update Department General Order 5.01 – Use of Force policy. Department General Order 5.01 was last revised in 1995. The draft revision, dated June 22, 2016, reflects policy enhancements that progressive police departments across the country have implemented, including incorporating recommendations from the Final Report of the President’s Task Force on 21st Century Policing. However, because of collective bargaining practices, the policy has not yet been implemented by the Police Commission as of the date of this report. Note: New Use of Force policy was implemented in December 2016.
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Recommendation #3.2
The SFPD should work with the Police Commission to obtain input from the stakeholder groups and conduct an after-action review of the meet-and-confer process to identify ways to improve input and expedite the process in the future for other policy development.
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Stakeholder Survey
improved?
to expedite this process in the future?
Commission meetings. How else can we encourage thoughtful input?
Department’s policies and related negotiations are conducted?
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What did you value about the re-engineering of DGO 5.01
stakeholders (research/input).
agreement.
chronicling/documenting the process.
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What areas could be improved?
Commission, outnumbered other stakeholders at working group.
meeting, and a partial answer provided at the subsequent meeting, delaying the decision process.
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Can you suggest ways to expedite this process?
which are non-work related. Set reasonable time lines for meet-and-confer.
How else can we encourage thoughtful input?
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proposal prior to community input.
comment on revisions prior to the Police Commission vote.
Police Commission websites and invite community input.
Any additional thoughts/comments to improve how the Department’s policies and related negotiations are conducted?
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date with technological, legal, and occupational advances.
governing ‘meet-and-confer’ over working conditions.
respecting all views.
than undermine reforms.
Going Forward ... Department General Order 3.01
communication and directives within the Department such as General Orders, Department Bulletins, Bureau Orders, Unit Orders, Crime Bulletins etc..
and/or amendment of current DGO's and write new policies. (edit sections rather than the complete DGO - policy change to adapt changes in law).
2016 and will be responsible for the ongoing update and review of all policy.
Finding #13: The SFPD engages with the community following an officer involved
shooting incident through a town hall meeting in the community where the event occurred.
Recommendation 13.1 The practice of hosting a town hall meeting in the community shortly
after the incident should continue with a focus on releasing only known facts.
The purpose of this recommendation was to formalize a policy
requiring that a town hall meeting be held following an officer involved shooting.
The Department began the practice of holding town hall meetings
under former Chief Gascon. The practice continued under former Chief Suhr.
While town halls were held following officer involved shootings, there
was no formal (written) policy.
Media Relations Unit Order 16-03 formalizes the requirement to hold
a town hall meeting within 10 days of an OIS, in the community affected by the incident.
Roll Call Training was held within the MRU and the PIO Team uses the
Unit Order as a guide following an OIS.
Finding #14: The SFPD does not have a strategy to engage with the broader
community following a fatal OIS until its conclusion.
Recommendation 14.1: The SFPD should develop an ongoing
communication strategy for officer involved shootings.
Recommendation14.2: The SFPD should ensure that media outreach
is immediate and that information conveyed is accurate and succinct.
Recommendation 14.3: The SFPD should use social media as a tool
to relay critical and relevant information during the progression of the investigation.
The Media Relations Unit has long been utilizing social media (in
addition to news releases and media interviews) as one of its many platforms for communicating with the public.
Facebook was used to publish news releases and other SFPD related
stories (generally tailored to SFPD followers).
Twitter was used to push out shorter messages (anti DUI, Etc.) and to
links to the SFPD Web & SFPD Facebook page.
The Department webpage hosted News Releases as well as Dept.
General Orders and other information.
Public Information Officers provided interviews to news media via in
person (on camera or radio), telephone interviews or email
These methods of disseminating information were standard
Strategy was/is to use different channels to provide information and
reach the broadest audience.
Input was received from journalists, bloggers (and community
members) who followed SFPD Facebook and Twitter
The Media Unit had no formal policy directing the efforts to
communicate information to the public/news media.
Unit Orders 16-02 and 16-03 formalized the strategy to ensure
accurate information was pushed out in various channels (including updates) in a timely fashion.
Recommendation: “SFPD should ensure that outreach is immediate and
information conveyed is succinct and accurate.
Challenge: Information must be vetted by Investigations and
information released may not compromise the investigation.
Talking points developed & approved by Investigations and Command
Staff
Response: Media notified of PIO response, staging area and Times for Press
Briefings (Twitter, Email Blast, Phone Calls, Etc.)
PIO holds press briefing at scene. PIOs conduct phone interviews and email exchanges w/press PIOs issue News Release via email, social media and webpage [Unit
Order 16-03]
Recommendation: The SFPD should use social media as a tool to relay
critical and relevant information during the progression of an OIS investigation.
Challenge: Formalize a policy mandating that SFPD social media is used
to relay OIS investigation information/updates.
Response: SFPD Media Unit had been using social media (Twitter,
Facebook, YouTube, Vimeo) to release information to public/media.
Prior practice was: Facebook posts tailored for SFPD followers. Current Practice: Facebook & Twitter are now used to disseminate all
messaging.
Due to limitation of Twitter message size, it is used to link SFPD Web
(news releases) and SFPD Facebook posts
Media Relations Unit Order 16-03 formalized the policy to use social
media as a tool to inform the public.
Finding 15: the SFPD does not adequately educate the public and
media on issues related to use of force and officer involved shootings.
Recommendation 15.1: The SFPD needs to create outreach
materials related to educating the public and media on use of force & OIS investigations & protocols. Materials should be widely disseminated through various community engagement events & District Station meetings.
Challenges: SFPD Webpage is currently being redesigned - major changes on
hold
OIS investigation process currently being discussed with SF DA’s
Office.
Response:
The SFPD Website currently hosts
Department General Orders
Department Bulletins (2016-forward)
OIS FAQ Page
Data Initiative Page - OIS statistics (2009-2017), summary of OIS investigations 2000-15
Links to Department demographics and traffic stop data.
Moving Forward:
Create a comprehensive webpage of OIS/Use of Force information to include:
Message from Chief Description of OIS investigation process Links to relevant DGO’s; Tables showing OIS incidents per year; Links to EIS, Use of Force Reports; Etc.
Reviewing police agency webpages to obtain ideas and best practices: Las Vegas, Dallas, LAPD. …
Response: Media Relations Unit Order 16-02 sets for the guidelines for
information to be contained in new webpage dedicated to OIS and Use of Force investigations.
Web Contract is with “Contract Division,” from there it goes to the
City Attorney.
Phase 1: six months of discovery, research (what does the public want
to see on the new Web) “Content Strategy” and design.
Phase 2: nine months of “building” the SFPD main and 10 district station
websites (Project 1).
Recommendation: Widely disseminate materials/information via
community engagement events, Captains’ meetings, etc.
Challenge: The volume of information not suitable for pamphlet
form.
Production of a “Flip Book” style publication is not practical until
“New” OIS Investigation protocol is finalized (Cost Vs. Obsolescence
Response: Interim – make available to the public printed copies of
Use of Force DGO, OIS FAQ, Etc. and direct public to webpage.
Begin process of designing a “Flip Book,” estimate costs and
research funding for publication.
Recommendation 15.2: The SFPD should host town hall presentations
to educate the public & media on use of force & officer involved shooting investigations and protocols.
Purpose: Develop a policy (unit order) mandating that the
Department will hold town hall meetings.
Response: Media Relations Unit Order 16-03 mandates that the
Department host town hall meetings to inform the public on OIS investigations and use of force protocols.
Media Relations hosts a force options “experiential” for members of the
news media to educate them on use of force
The Community Police Academy gives the public an opportunity to
learn about use of force and use the force options simulator.
MEDIA ADVISORY September 5, 2017 #17-065 SFPD Invites News Media to Experience Force Options Training As a part of our ongoing efforts at adopting an atmosphere of transparency and openness with the media and the public, the San Francisco Police Department is again inviting local news media to participate in Force Options Training. This informational session will include a presentation on SFPD use of force policies, relevant legal statutes and case law as well as a hands-on component in which reporters will be given an
second decisions that may involve simulated use of force. This session will be held on Monday, September 11, 2017 at 10:00AM at the San Francisco Police Academy, located at 350 Amber Drive. The lecture component is expected to last approximately
each participant will be given 2-3 scenarios. Space is this session is limited. Credentialed members of the media wishing to participate must RSVP to the SFPD Media Relations Unit by calling (415) 837-7395 before 9:00AM on Friday, September 8th.
UNIT
INDEX NUMBER DATEORDER
ISSUED DATE REVISED ISSUED TO:All Members of the Media Relations Unit Effective Immediately: In order to increase transparency and trust with the community, the Department shall make available via the website a page dedicated to information regarding Officer Involved Shooting Investigations (OIS). A link to the 015 page shall be added to the Department's "home" webpage. To better serve those with limited English proficiency (LEP) this information shall also be made available in the following languages: Spanish, Chinese and Filipino. The information posted shall include at minimum:
providing OIS Data
roles and responsibilities, goals of each investigation, any limitations to release of information, and general time frame for completion of each investigation (Flow Chart from RMO/IAD OIS Team)
Force, Use of Firearms, Body Worn Cameras, etc.).
recent year
Histories
16-03
DATE is[ iY17/16
ORDER
BATE REVISED SUBJECT:Media Relations Response to Officer Involved Shooting I Department Member Seriously Injured or Killed in the Line of Duty
ISSUED ISSUED TO:All Members of the Media Relations Unit
#457 Initial Response: An OIS is an automatic call out for the Media Relations Unit. At least two PlO's shall respond to the scene. In the event that a member is injured or killed, an additional PlO should respond to the hospital (SFGH) and be prepared to coordinate information on the member(s) status to Command Staff, serve as a liaison to the Mayor or his/her designee and to any family members of the injured officer(s). If a third PlO is not available to respond to SFGH, one of the primary PlO's shall, at the earliest possible time, respond to SFGH. Notification shall also be made to the SFGH PlO and when possible, the DPH PlO. Other resources such as the San Francisco Fire Department or SF Sheriff's Department PlO can be valuable resources as they may be able to respond to and assist at SFGH until an SFPD PlO is able to respond to that location. Any members of the PlO team not responding should be prepared to help coordinate the media staging area and communicate that information to the news media via "media blast" email, Twitter and by providing information to the local wire service, Bay City News (BCN). If all available PlOs are responding to the scene, the responding team members will have to handle the coordination and notification of the media staging area. Responsibility for monitoring social media feeds shall be the primary responsibility of the Webmaster / Social Media Officer. However, all members of the Media Relations team should closely monitor social media for posts, video, etc. related to the OIS. Any video, audio etc. of the actual OIS incident or response, or threats shall be brought to the attention of the OIC of Media Relations as well as the DC/FOB and Commander of Investigation. Initial Press Briefing: Following a briefing by Investigations personnel and discussion with Command Staff, an initial press briefing shall be conducted by a member of the PlO team, or other person designated by the Chief of Police. This press briefing shall be limited to factual information known at the time. The PlO should stress that the incident is an active and ongoing investigation in the early stages and state that updates will be provided in coming days/weeks as additional facts are
page for information on the investigation of officer involved shootings, use of force policies / information, etc. To the extent possible, this PlO should be the member designated to provide all interviews regarding the incident. Press Release/Updates: Once initial press briefings are completed, the Media Relations Unit shall prepare a press release containing factual information of the incident known at the time. The press release shall be forwarded through the established review and sign off process which shall minimally include the Captain of Risk Management. Once the press release is approved, it shall be distributed via the "media blast" email and as soon as practical, be posted to the Department's webpage and via social media. During the subsequent days and weeks, as additional information is known, supplemental press releases shall be issued. Supplemental or update press releases shall be limited to factual information known at the time. Once reviewed and signed off, the supplemental press releases shall be distributed via "media blast" email and, as soon as practical, be posted to the Department webpage and via social media. Supplemental press releases should, at minimum, be done in conjunction with the town hall meeting and release of the names of members involved in the OlS. Town Hall / Community Meeting: Per Chief's Order, a town hall! community meeting shall be held within ten days of an OIS involving SFPD personnel and occurring within the City and County of San Francisco. This meeting shall be held in the community affected by the incident and at a time approximate to the time of the incident. Responsibility for securing the location for the town hall meeting falls to the District Station Captain for the area of the incident. Considerations that should be taken into account when choosing a location: ADA accessibility/compliance, parking, ingress / egress and an emergency egress for Chief and VIPs, sufficient space and chairs for attendees, tables, microphones and sound systems to amplify panel members and public comment and any anticipated LEP needs (languages spoken) of the community. The Commanding Officer of the District Station may be asked to provide uniformed personnel, (Class B uniform, long sleeve with tie) to assist with the event. The Youth and Community Engagement Unit is responsible for providing LEP equipment and personnel to perform translations as well as to assist with site security. The Media Relations Unit shall coordinate the following: announcement of the event to include date, time, location; notification to the Police Commission and to the Board of Supervisors; securing items to be displayed which may include: excerpts from CAD, photo(s) of any weapon(s) used, a Google map image of the location, a sketch prepared by CSI to provide the public with a general understanding of the scene. The MRU may be required to provide
microphone / sound systems and other items such as: easels, drinking water for panelists, tablets, pen, paper etc. for panelists to take notes. Release of Involved Members Names: It is the policy of the Department to release the names of any officer directly involved (discharged his/her firearm) in an OlS within ten calendar days, provided no credible threats against the officers exist. The Officer in Charge of the Media Relations Unit shall coordinate this release with the Chief of Staff. The release of names shall not take place until a threat assessment has been conducted and the members involved have been notified by their Commanding Officer. Consideration should be given to providing a courtesy notice to the involved member(s) Police Employee Group (PEG) (SFPOA, OFJ, LPOA, Pride Alliance, APOA, etc.) of the Department's intent to release the officer(s) names. The release of information shall be done in the form of a press release (property vetted and approved) sent via "email blast" and, as soon as practical, posted on the Department's webpage. If a credible threat against the involved officers is known, the names of those officer(s) shall be released as soon as the Department determines that the credible threat has passed. Dissemination of the names shall be done by way of a press release and posting to the Department's webpage. In the case of an outside agency OlS, release of the involved officers names shall be coordinated with the officer(s) agency. Liaison to the Family of Significantly Injured I Killed Member: A member of the PlO Team should make contact with the immediate family (or their representative) of any member(s) significantly injured or killed in the line of duty. The liaison should be prepared to discuss with the family representative(s): approval of a photo and biography of the member; possible family statement to the public/media, shared social media conversation regarding the member, prepare the family for potential media requests for interviews, expectations / behavior of the media, the family's expectation for the Department and the PlO, as well as media accessibility for any hospital/recuperative stays or any memorial / funeral services. Liaison to the Family of Civilian Killed by SFPD Use of Force: A member of the PlO team not directly involved' in providing news media interviews shall be designated as the Department liaison to the family of any civilian shot by a member(s). This PlO shall contact the OIC of the Homicide Detail to obtain contact information for the family and any special considerations (limited English proficiency). The liaison PlO shall contact the family representative, advise them that he/she will serve as the Department's liaison and provide his/her work contact information.
Officer Involved Shooting FAQ I Police Department Page 1 of 8
Officer Involved Shooting FAQ
In the wake of an Officer-Involved shooting, members of the community, the media, and concerned stakeholders often have questions about the investigation. In an effort to encourage transparency and accountability, the San Francisco Police Department would like to provide the following information regarding the investigative process. We will be updating this page as we continue to hear from our community and as more information becomes available. The following content was provided by the San Francisco Police Department and the San Francisco Civil Grand Jury report dated June 2016, titled 'INTO THE OPEN: OPPORTUNITIES FOR MORE TIMELY AND TRANSPARENT INVESTIGATIONS OF FATAL SAN FRANCISCO POLICE DEPARTMENT OFFICER INVOLVED SHOOTINGS."
Background:
**The San Francisco Police Department and the District Attorney's Office, the two agencies fundamental to Officer- Involved Shooting (OIS) investigations, recognize the importance of accountability in OIS investigations: Peace officers perform a vital and often dangerous job in our communities. Situations occur where peace officers must use deadly force; however we expect that such force will be used only when legally necessary and as prescribed by
be conducted into these incidents and that all parties will be held legally accountable for their actions.**
Questions & Answers:
investigation to be completed, what variables may affect this time frame, and how does the OIS investigation actually work?
investigations?
involved?
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There are several agencies and units, both within and outside the San Francisco Police department, responsible for responding to OIS incidents.
The Homicide Detail of the SFPD is responsible for investigating unlawful deaths, officer involved shootings with injury, in custody deaths, and deaths that are deemed suspicious by the San Francisco Medical Examiner. With regard to Officer Involved Shootings, the mission of the Homicide Detail is to conduct timely and complete criminal investigations of all Officer Involved Shootings. The Homicide Detail responds to all incidents of lethal force by an
Homicide investigators are some of the most experienced and highly trained members of the Police Department. Aside from years of investigations training and experience, homicide investigators attend rigorous Officer- Involved Shooting investigation courses, including a two week Peace Officer Standards and Training (POST) OIS course. e Forensic Services Division The mission of the Forensic Services Division is to assist in the criminal justice system through efficient and reliable identification, collection, evaluation, analysis, and comparison of physical evidence and to provide clear, objective interpretations of all findings. The Forensic Services Division includes:
collection; associated field forensic work, such as latent print processing, bloodshed splatter interpretation, trajectory analysis, crime scene sketches; incident reconstruction, if needed; and the securing of officer firearms used in OIS incidents.
involved in the shooting (both officer(s) and suspect(s)); gunshot residue analysis; DNA analysis; and any other crime lab work required by the investigation.
The mission of the Behavioral Science Unit is to provide and coordinate psychological support and education to all members of the San Francisco Police Department. [Its] role is to advise and consult with the chain of command on the impact of psychological issues; to minimize the negative effects of incident trauma on department members; and to assist all department members and their dependents with access to their psychological benefits and services." Psychiatric Liaison Unit The Psychiatric Liaison Unit's mission is to provide support and education regarding mental health issues" for the
about the psychiatric history of those individuals with mental illness from family, coworkers, neighbors, etc., and to provide appropriate referrals to medical or mental health professionals.
.
Return to Duty Panel The Return to Duty Panel is tasked with reviewing the facts surrounding the OIS incident and determining "whether it is appropriate for the involved member to return to duty."28 The Panel asks: "Are there issues or indicators that preclude the officer from returning to his/her regular assignment at this time? The Panel is comprised of high ranking SFPD officers and incident investigators.
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It is important to note that the panel does not consider whether the use of lethal force was 'in policy" or "not in policy." That determination is made at a later date by the Firearm Discharge Review Board ("FDRB"). The Chief of Police may either concur or disagree with the Return to Duty Panel's recommendation. The Chief of Police forwards his or her decision in writing to the Police Commission. At its first meeting after it receives the Chief of Police's report, the Police Commission meets with the Chief of Police in closed session to review the Return to Duty Panel's findings and the Chief of Police's decision.
.
Risk Management Office The Risk Management Office ("RMO") controls all Internal Affairs Units, the Legal Division, and the [Equal Employment Opportunity] Unit in the SFPD. RMO investigates cases that involve officer misconduct and officer involved shootings. The RMO uses a structured system that identifies and manages behaviors that result in performance related problems by individual members.
The Internal Affairs Division is responsible for investigating officer misconduct as well as officer involved shootings/discharges. Two units within the Internal Affairs Division are responsible for investigating allegations against SFPD officers: one is criminal, while the other is administrative.
The mission of the Criminal Investigations Unit is to conduct thorough, timely, and impartial investigations into allegations of criminal misconduct by SFPD employees, including any potential criminal conduct by SFPD officers involved in OlS incidents. Internal Affairs Administrative Unit The mission of the Administrative Investigations Unit is to continue to conduct thorough, timely, and impartial investigations of allegations of procedural violations by [SFPD officers]. It is comprised of both sworn and civilian legal staff. Additionally, this unit also administratively investigates all officer involved shootings and in-custody deaths.
The function of the Legal Division is to be prepared to assist the Office of the City Attorney for future possible civil litigation in defense of the SFPD.
.
Firearm Discharge Review Board According to SFPD General Order 3.10, "it is the duty of the San Francisco Police Department to review every instance in which a firearm is discharged whether or not such discharge results in an injury or death. The Firearm Discharge Review Board shall review every discharge of a firearm by a member. The purpose of this review is to ensure that the department is continually reviewing its training, policy and procedures in light of the circumstances that lead to firearm discharges by members and to determine if the discharge was in policy."
.
San Francisco Police Commission According to the Police Commission website, the mission of the Police Commission is to set policy for the Police Department and to conduct disciplinary hearings on charges of police misconduct filed by the Chief of Police or Director
appeals from discipline imposed by the Chief of Police. Commissioners are appointed by the Mayor [four seats] and the Board of Supervisors [three seats] and they oversee the Police Department and the Department of Police Accountability. With regard to CIS cases, the Police Commission meets with members of the Return to Duty Panel and the Chief of Police to determine whether involved officers shall be
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allowed to return to duty; receives and considers periodic reports on the status of OIS investigations from SFPD lAD; and conducts disciplinary hearings on any charges of misconduct filed by the Chief of Police or the DPA against any
The function of the OCME is to protect the public health and legal requirements of the City and County relating to forensic pathology. It performs the autopsy on the deceased in OIS incidents and determines the cause, circumstances, manner and mode of death. District Attorney's Office The District Attorney's role in an officer involved shooting is to conduct an independent criminal investigation. The purpose of the District Attorney's investigation is to accurately, thoroughly, and objectively determine the potential criminal liability, or lack thereof, of any party involved. In other words, the DA determines if any criminal laws appear to have been violated. The DA's Office conducts its own investigation, then reviews evidence obtained from that investigation and evidence provided to it by the SFPD Homicide Detail, analyzes the pertinent laws, determines whether any appear to have been violated and considers whether sufficient evidence exists to bring criminal charges against any of the involved officers.
The mission of the Department of Police Accountability is to promptly, fairly and impartially investigate civilian complaints against San Francisco police officers and make policy recommendations concerning San Francisco Police Department practices. The DPA was created by a charter amendment in 1982 as a civilian staffed agency charged with the duty to take complaints from members of the public regarding SFPD officer misconduct or improper performance while on duty. All complaints are investigated unless it can be determined from the allegations themselves that the
The DPA performs four main tasks:
discipline to the SFPD Chief of Police and/or Police Commission;
Historically, the DPA responded to the scene of each OIS incident to obtain a general understanding of what occurred but did not begin any type of investigation unless and until someone filed a complaint regarding the incident with the
amending the Administrative Code to require the DPA to 'investigate any incident occurring within the City in which a San Francisco police officer fires a gun killing or physically injuring someone. Return to Top of Page '
Two Separate, Concurrent Investigations: Criminal & Administrative OIS incidents mandate two separate, but concurrent, immediate investigations: criminal and administrative.
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A criminal investigation is conducted to determine whether anyone involved in the incident committed a crime, including whether the officers involved exhibited criminal conduct or criminal negligence during the shooting. In other words: "Did the officers break any law by taking the action they did?" Two different law enforcement agencies begin immediate independent criminal investigations once an OIS occurs: SFPD Homicide Detail and DA's Office. If the OIS criminal investigation uncovers or raises significant issues, state and federal agencies may also participate in
These agencies may include the Department of Justice or Office of the Attorney General at the state level, and the United States Department of Justice or the Federal Bureau of Investigation at the federal level. An administrative investigation is also conducted to determine whether the officers involved violated any SFPD policy or procedure during the shooting. In other words: "Did the officers act in accordance with SFPD policy and procedure and use appropriate law enforcement tactics under the circumstances or should the officers be disciplined, retrained or fired because of their actions?" SFPD lAD conducts these administrative investigations. The DPA also conducts an independent administrative investigation by: (i) sending their own investigators to the scene to observe; (ii) conducting an independent review and analysis of evidence that is forwarded to it after being collected by the SFPD Homicide Detail; and (iii) performing any additional investigative tasks and interviews that it deems necessary to conduct a thorough investigation of the incident. The reason for separate criminal and administrative investigations is because, while police officers receive due process protections and Fifth Amendment rights against self-incrimination as subjects of a criminal investigation, along with specific protections under the Peace Officer's Bill of Rights (Cal. Gov't Code § 3300 et seq.), police officers can be compelled by their employer to make a "statement against interest" as subjects of an administrative 45 investigation. (See Cal. Gov't Code § 3303.) Therefore, it is necessary to maintain a one way flow of information: While investigators from the administrative investigation get all information and evidence obtained from the criminal investigation, the criminal investigation receives no information from the administrative investigation. We were informed, but have not been able to substantiate, that the administrative investigation work, by and large, is completed within a few months following an OIS incident. However, it cannot be fully wrapped up and no disciplinary proceedings may
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expect the investigation to be completed, and what variables may affect this time frame? How does the OIS investigation actually work? OIS Investigation Timeline When an OIS occurs, per the General Orders of the SFPD and other internal and related documents, the subsequent investigation should proceed as follows:
I.
Day I
II.
Immediately or As Soon As Practical
.
Involved officers shall notify their immediate supervisor and Emergency Communications Division ("ECD"), which
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notifies the Field Operations Bureau, which then notifies key responders to OIS incident scenes, including personnel from SFPD: Command Staff, Homicide, Crisis Incident Response Team ("CIRT"), lAD, FDRB, Legal Division, RMO, Police Commission: DA: and DPA.
responders, and manage all aspects of evidence collection, non-officer witness interviews, and incident scene "walkthroughs."
closed circuit feed.
during the incident.
B.
Office of the Chief Medical Examiner
investigators at scene, remove the body from the scene, and conduct an autopsy on the remains.
C. District Attorney's Office
scene, participate in collection and documentation of evidence, participate in non-compelled interviews of law enforcement witnesses and interviews of civilian witnesses, and confer with Homicide Detail regarding investigative process to follow.
D.
Department of Police Accountability
the investigator has a basic understanding of the circumstances and environment of incident.
shall not be allowed to return to duty until cleared by the Chief of Police and reviewed by the Police Commission. During that time, the officer(s) shall: (i) participate in mandatory debriefing with BSU; (ii) report to Police Range for post discharge firearm debriefing, (iii) report to Training Academy for modified force options training, and (iv) participate in interview with lAD.
disciplines to determine investigative actions to be taken.
requested.
return to duty or need for additional support, participate in Return to Duty Panel hearing for involved officers and provide follow-up and psychological support.
incident, in which it reviews preliminary investigative findings by IA criminal investigators and votes on whether to recommend that involved officer(s) should be allowed to return to regular duty.
be returned to regular field assignment and then forward written decision (not available to public) to Police Commission and DPA.
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decision regarding whether to allow involved officers to return to regular duty.
B.
Office of Chief Medical Examiner
a Medical Examiner Staff shall notify Homicide Detail of any physical evidence collected during autopsy.
C. District Attorney's Office
witness and involved officer statements; (ii) obtain copies of all relevant case documents; (iii) agree on evidence to be submitted for further analysis and testing; (iv) agree on next steps to investigation; and (v) participate in interviews of additional witnesses.
any claim investigation.
B.
DA's Office
a DA's Office shall, upon conclusion of its independent investigation and receipt of all reports from Homicide Detail,
evaluate all evidence to determine potential criminal liability, or lack thereof, of any party and then notify SFPD of its decision in writing.
crime.
pending administrative investigation.
a lAD shall submit to the FDRB the completed administrative investigation with recommendations.
incident).
and issue its findings in accordance with General Order 3.10.
B.
DPA
Commission and provide written responses as appropriate. Return to Top of Page"
http://sanfranciscopolice.org/officer-involved-shooting-faq 10/4/17