Theresa Sparks
2007-07-02 10:00:00.0
Current rank: Not ranked

SAN FRANCISCO -

San Francisco has a long and rich tradition of public civilian oversight over its police department. Yet since last August, hearings and records of all police disciplinary matters have been closed to the public as a result of the State Supreme Court decision in Copley Press. Senate Bill 1019, which would restore important public access, is at a critical juncture, and it is time for San Francisco’s elected representatives to advocate for its passage.

As president of the Police Commission, I know that we have a very good police department where the vast majority of officers do an excellent job, often in very difficult and dangerous circumstances. And, in many ways, our department serves as a model for similar organizations around the country. However, in the San Francisco Police Department, as in every major police department, there are some who commit serious misconduct, and in doing so not only violate the public trust but also betray their fellow officers.

Police misconduct has an even more significant impact on the immigrant community, communities of color and the LGBT community, all of whom have historically borne the brunt of abuses when they have occurred. Public release of information about misconduct charges and discipline is essential to building confidence in affected communities, that violations are being dealt with appropriately.

Openness and transparency breed trust and improve community police relations. When law enforcement officials are unable to communicate what they are doing or explain how officers who abuse the badge and violate the rights of the people are held accountable, suspicions linger. If an officer who faces formal charges is ultimately exonerated through a secret process, the community is left wondering why and, in cases where misconduct has been alleged in the media, the officer is never able to clear his name.

Public trust is vital to the functioning of any police department. Police depend on the community to provide information to solve crimes and serve as witnesses. As we have seen in San Francisco and elsewhere, if segments of the community do not trust the police department, it very difficult to enforce the law.

That is why several leading law enforcement officials including Los Angeles Police Chief William Bratton, former LAPD Chief Bernard Parks, San Francisco Sheriff Michael Hennessey, and Oakland police Chief Wayne Tucker support SB 1019.

Sadly, though SB 1019 passed out of the state Senate with strong support from San Francisco’s Senators Leland Yee and Carole Migden, it stalled last Tuesday when it was considered by the Assembly Public Safety Committee. It is subject to reconsideration.

San Francisco’s public officials have broadly supported SB 1019. It is supported by the San Francisco Police Commission, the Board of Supervisors, Public Defender Jeff Adachi, the San Francisco Democratic Party, Assemblyman Mark Leno and Senators Migden and Yee.

However, the one San Francisco elected official in a position to move the SB 1019 out of the public safety committee, and onto the Assembly floor, Assemblywoman Fiona Ma, has, so far, not actively supported it. When the bill’s author asked for a vote, Ma remained silent.

More troubling was her failure to aggressively challenge the disingenuous assertion -- repeated by dozens of police union representatives -- that release of complaint and disciplinary information would endanger the lives of police officers. Office safety is of paramount concern to all of us, but this bill does nothing to make policing more dangerous. There are provisions in SB 1019 that allow confidential review when there is a question of officer safety and the bill’s opponents have failed to cite one case in the last 30 years in California or elsewhere, of an officer being harmed because of disciplinary information being released. In fact, I would assert that public distrust of police officers does put those very officers at risk, a condition in part created by a secretive disciplinary process.

In addition, Mayor Gavin Newsom has yet to take a public position on this bill and I ask him to also stand with the people of San Francisco and urge passage of SB 1019.

Ultimately, this issue is about the kind of society in which we want to live. San Franciscans have repeatedly voted to support openness, transparency, and sunshine. We live in a city that celebrates diversity and civil rights for all people. When San Franciscans’ rights are violated by the police, the public should have a right to know what is being done about it. I urge Assemblywoman Ma to take a lead moving SB 1019 forward and stand up for San Francisco values and the people who live here.

Theresa Sparks is the president of the San Francisco Police Commission.