The San Francisco Police and Sheriff’s Departments spent more than $350,000 in overtime monitoring three protests against ICE raids and Donald Trump in June, suggesting that the cops may well exceed their already generous overtime budget before the year is out, city data shows.
The police alone used 1,810 hours of overtime on the days of the protests, costing $229,807, a July 28 report from the City Controller’s Office shows. The sheriff’s OT bill was $120,960.
The report, requested by Sup. Jackie Fielder, states that the OT could in theory include any “unplanned, one-time events” that occurred on June 8, 9, and 14, but there are no other obvious reasons for the additional police time except the three protests.
When the police chief and sheriff addressed the Budget and Appropriations Committee, Sup. Shamann Walton noted that the departments get large OT budgets approved every year, and then come back and ask for more money. Not this, time, they said: If we get all the money to mayor wants, we’ll meet our OT budgets.
But as Trump continues to push a terrifying agenda, and as ICE agents (and possibly people dressed as ICE agents) haul San Franciscans off the streets, protests are entirely predictable.
In most cases, most of the protesters are peaceful—but the cops insist on meeting them will large forces, and arresting hundreds. In fact, data from a letter of inquiry Fielder sent to the SFPD shows that 156 people were arrested after being kettled at an anti-ICE protest June 8, and all but two of them were cited and released. At a peaceful protest the next day, 91 people were arrested.
All of those arrests also put pressure on the Sheriff’s Office, which has to process people.
Fielder asked the Police Department about its policies involving ICE agents who might be breaking the law—by, for example, running over protesters:
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Q: Has SFPD arrested any ICE agents for violence against protestors or for reckless driving that could injure protestors? Why or why not?
A: No. An arrest must be supported by probable cause, which is dependent upon context, and must take into account the totality of circumstances.
Q: What are SFPD’s protocols for responding to encounters between ICE and protestors, and enforcing basic safety and traffic laws, even when the violators are ICE agents?
A: SFPD will always facilitate First Amendment activity, which individuals have a constitutional right to engage in, while ensuring public safety. Anytime public safety is threatened, or a crime occurs, SFPD will take appropriate action. DGO 5.15 sets forth the protocol for providing an emergency response in the context of immigration enforcement.
Q: What protocols exist for SFPD and SF Sheriffs in identifying legitimate federal immigration enforcement officers, including obtaining clear identification and proper credentials of federal agents?
A: If SFPD receives a report of suspected impersonation of a federal agent or a kidnapping, it will respond and attempt to confirm if the individuals are engaged in lawful activity, including by attempting to verify or identify any federal agents.
Federal regulations require immigration officers to identify themselves to arrestees when it is practical and safe to do so. However, SFPD does not have the authority under federal law to compel compliance with these regulations and SFPD cannot
interfere with the enforcement of federal immigration law.
Fielder also asked about the SFPD’s use of data from automated license-plate readers, after an SF Standard investigation showed that Oakland and SF police have turned that data over to federal authorities, in apparent violation of state law. The answers were a bit disturbing:
Q: Under California Senate Bill 34 (2015), police departments are prohibited from sharing ALPR data with out of state or
federal agencies. Why did SFPD facilitate these data searches forthe FBI, ATF, DEA, U.S. Marshals, U.S. Park Police, and U.S. Postal Inspection Service? Who initiated or signed off on these requests?
A: SFPD’s ALPR protocols and the applicable laws are currently under department review.
Q: Was SFPD aware at the time of these searches that sharing ALPR data with federal agencies is a violation of California state law?
A: This is currently under review.
I have not seen any agenda item related to this review at the Police Commission.
