23-093 Director of Constitutional Policing

This notice announces the establishment of the Director of Constitutional Policing.

Authority:
The Director of Constitutional Policing and members assigned to the director work under the authority of the Chief of Police. A copy of the organizational chart for the Director of Constitutional Policing is attached to this notice.

Duties include but are not limited to:

• Direct report to the Chief of Police; Communicates with and advises the Chief of Police;
• Provides legal advice to the Chief of Police or the other SFPD staff at the direction of the Chief of Police on matters that fall squarely within criminal procedure or criminal law; except such advice is subject to the City Attorney’s Office approval when it impacts civil or administrative matters, impacts other city departments, or could create or contribute to legal liability for the City;
• Advises the Chief of Police on strategies to support effective, constitutional policing through identifying areas of improvement, policy development, and facilitation of Department training and policing strategies;
• Reviews and advises the Chief of Police on Internal Affairs investigations involving the First Amendment and the Fourth Amendment and other investigations as directed;
• Participates in Internal Affairs case briefings as directed by the Chief of Police and provides advice and expertise as requested by the Chief of Police;
• Advises the Chief of Police, builds organizational awareness, and recommends and helps facilitate solutions to promote racial justice and bias-free policing;
• Advises the Chief of Police regarding the development of SFPD’s policies and procedures and participates in Department General Order (DGO) concurrence meetings;
• Facilitates and provides advice and assistance for any projects as directed by the Chief of Police;
• Provides policy advice to the Chief of Police and various boards (e.g. Firearm Discharge Review Boards) concerning the adjudication of officer-involved shootings and other covered incidents, as defined by the Serious Uses of Force and In-Custody Death Memorandum of Understanding with the District Attorney’s Office;
• Participates in and provides policy advice but not legal advice to the Chief of Police on officer-involved shooting and/or serious incident Town Hall planning meetings; any legal advice is subject to approval of the City Attorney's Office;
• Assists and provides policy but not legal advice to the Chief of Police with communication and collaboration with the San Francisco District Attorney's Office, San Francisco Public Defender's Office, and other criminal justice agencies; and
• Reviews incoming and outgoing correspondence as directed by and on behalf of the Chief of Police as well as provides input and recommendations as needed and as appropriate.

/s/
WILLIAM SCOTT 
Chief of Police

Per DN 23-152, all sworn & non-sworn members shall electronically acknowledge this Department document in PowerDMS within (30) thirty calendar days of issuance. Members whose duties are relevant to this document shall be held responsible for compliance. Any questions regarding this policy should be sent to [email protected] who will provide additional information.