Now that Mayor Daniel Lurie has won nearly unanimous approval for his package of measures limiting Board of Supes oversight on contracts related to the fentanyl crisis, he’s taking another bold move, this time toward limiting oversight of the Police Department.
Lurie today sent the supes a letter and a proposed ordinance that would allow him to fire Police Commissioner Max Carter-Oberstone, who has been among the most outspoken and effective members of that body.
Mayor London Breed tried and failed to fire him after he voted in a way that didn’t reflect her precise wishes.
Under the City Charter, the mayor appoints four Police Commission members, and the supes appoint three. The mayor can only remove an appointee in the middle of their term if a majority of the supes agree.
Breed was angry about Carter-Oberstone’s votes, but insiders suggest there is another agenda here: Lurie may want to replace Police Chief Bill Scott, and he wants to be sure he has four solid votes to hire whatever new chief he wants.
Carter-Oberstone, who strongly supports the independence of the commission, might side with the board appointed members and, for example, ask for a national search instead of just approving Lurie’s choice.
Given the state of local politics today, the mayor almost certainly has six votes. Sup. Jackie Fielder told me today she is not supporting the move, but Shamann Walton, the only supe to stand up to the mayor on the fentanyl package, told me he won’t oppose the move. “It’s his appointment,” Walston said. “We have more important issues to fight over.”
Sup. Myrna Melgar told me: “I don’t like it. Max has done nothing wrong, so I think philosophically removing a commissioner who has not misbehaved is not right.” But she said it’s clear Lurie has the votes.
Former Board President Aaron Peskin told me that he doesn’t remember another time that the mayor has asked the supes to remove a sitting member of the Police Commission—particularly when there is not the slightest evidence of misconduct.
“The board needs to take this seriously and hear the arguments,” Peskin told me. “Listen to the Mayor’s Office, listen to the commissioner, and make a reasonable decision based on the facts.”
If the supes go along with this, they will be once again allowing the mayor to go beyond the power that normally comes with that (already powerful) office.
Most of the commissions in the city are composed entirely of mayoral appointees, and they serve at the pleasure of the mayor, who can remove them for any reason at any time.
But the voters changed the City Charter, thanks to legislation by former Sup. Tom Ammiano, to split appointments to the major commissions, including Police and City Planning, between the mayor and the supes—and to ensure that the appointees of those panels had some degree of independence.
Breed tried to undermine that independence by requiring commissioners to give her undated resignation letters. Carter-Oberstone refused, and Sup. Dean Preston pushed legislation banning that practice.
Carter-Oberstone has never backed down from a fight with the mayor, and I suspect he won’t now. But this board seems reluctant to stand up to Lurie.
So the new mayor may get a second win, defusing the board’s power once again. If that becomes a pattern, it’s reason for a lot of concern.
