On Wednesday May 3, the Libertarian Party of San Francisco kicked off a new monthly event series, Direct Action Forum.

The primary goal of these events is to give Libertarian activists a better working knowledge of how to make an impact in local politics. We plan to invite a variety of speakers and panelists, including:

• individuals knowledgeable about the workings of local government;
• representatives from groups with single-issue concerns shared by Libertarians;
• individuals with expertise in grassroots organizing, lobbying, campaigning, publicity, fundraising, you-name-it.

San Francisco already has a monthly libertarian speaking event, Free Exchange, a "potluck supper club," on the third Saturday evening each month. The Direct Action Forum, however, will take a distinctly different approach. Free Exchange, hosted by former LPSF Treasurer Jean Kennedy, typically features speakers from within the libertarian movement addressing broad political, historical, and philosophical issues. While this type of education is important, we've decided that more focus is needed on the nuts and bolts of creating real-world political change right here in "the city that knows how." Free Exchange is co-hosted, however, by the International Society for Individual Liberty; and, as a tax-exempt nonprofit, ISIL is prohibited by law from working on behalf of political parties or candidates, which would limit direct involvement by the Libertarian Party. Hence the Direct Action Forum.

Having a monthly speaking series under the banner of the LP will allow us, as the event grows, to actively promote (see Forum, p. 1)

If you witnessed an incident like the 1993 Rodney King beating, would you know what to do? Besides the obvious step of getting on the horn to your local TV stations, you'd be wise to file a report with the Office of Citizen Complaints.

Dennis Maxson, a senior OCC investigator, spoke to a small group of Libertarians and others gathered for the LPSF's Direct Action Forum on May 3 about how complaints against police officers are handled by his agency. The first of a series of monthly events (see adjoining article), the talk took place at the 11:11 Lounge, a café located at 1330 Polk and Pine.

Maxson's talk, which took the shape of an informal discussion as fewer than 10 of us were present, was extremely frank and forthcoming. Libertarians who attended were impressed by Maxson's candor and honesty--he is, after all, a government employee, but one who seems to take his role as a public servant and watchdog of police abuse seriously.

The investigator began by passing out some complaint forms and general information about the OCC. San Francisco, according to Maxson, is among the few U.S. cities to have an official independent body charged with recording and investigating allegations of police misconduct. The office, he said, has "a little more authority than any organization of its kind." The OCC is

the party and bring in new members to a degree that is not currently possible at Free Exchange. By featuring non-libertarian speakers on topics of general concern and promoting the event in local community calendars, we hope to eventually draw a significant portion of our audience from the general public, thereby exposing them to the LP.

An additional goal of the event, in fact, is to expose the speakers themselves--many of whom may play important roles in local politics--to libertarian ideas.

Can San Francisco's growing libertarian community support two speaking events a month? We certainly hope so, and we encourage you to turn out for the excellent and informative speakers at both of them. Nonlibertarians who come to our events are likely to judge our party and our movement based on the numbers of people in attendance.

For inquiries about Free Exchange, contact Jean at (415) 970-0400. For Direct Action Forum inquiries, call our information line at (415) 775-LPSF or contact one of your local officers listed in this newsletter.

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separate from the Police Department, but is charged with oversight of the SFPD and has access to all police reports as well as the same computer system used by the cops to monitor and record their internal radio traffic.

Every single complaint filed with the OCC is investigated, usually by sending an interrogatory to the officer(s) involved. Police officers are required to respond to these questions, Maxson said. They have 21 days to do so. They can also be sent notices to appear in person, to which they have 7 days to respond. An officer who appears and refuses to answer questions can be summarily fired by the chief of police. If the findings in a complaint are sustained, the OCC determines what it feels the specific penalty should be.

By now you're probably thinking there's got to be a catch, and of course there is. After all, Demopublican politicians created the OCC, and they know that a check on police power is ultimately a check on their power. Any disciplinary actions against officers must be approved by the Police Chief or the Police Commission (the chief can give up to 10 days suspension; any further penalties must clear the Police Commission and the officer gets a trial). The five members of the Police Commission are appointed by Da Mayor, and serve at his whim. In other words, if they step out of line they can be canned immediately. Of course an officer facing serious charges also gets to defend himself in a trial--no extorted plea bargaining agreements in these cases, thank you!

Still, from the information given by Maxson, there appears to be considerable value in filing an OCC complaint. Every complaint becomes part of an officer's file, and six separate complaints against an officer can seriously affect his or her career advancement. According to the OCC investigator, most complaints come during an officer's first 5 years on the job. "Almost all problems . . . have their roots in (bad) recruitment training," Maxson said. (Libertarians would probably cite another factor--that officers are charged with enforcing too many improper and unconstitutional laws. A cynical person might also conclude that after 5 years on the job, most cops have learned how to cover up any abuses.)

The OCC was first established in 1982 or 1983. Before that time, its functions were handled by the Police Department's own Internal Affairs, which amounted to, in Maxson's words, an "old boy network" where the well-connected among the boys in blue got more lenient treatment. Complaints filed by officers themselves are still investigated internally, but the OCC now handles all outside complaints. According to Maxson, the OCC receives approximately 1100 complaints a year, about 12 percent of which are sustained. The number of complaints has held steady for the past several years, he said. What has been rising however, is the number of allegations per complaint, which now averages around four, the senior investigator said.

To handle this workload, the OCC has a staff of about 30, Maxson said. He claims the police force has about 2000 officers, and a law says there is supposed to be one OCC investigator for every 150 officers, a quota that is currently unfilled, since not every OCC staffer is an investigator. "Ever since that passed they've forgotten how to count," Maxson stated wryly, noting that the SFPD used to issue a precise headcount of officers on the force but no longer does so.

When interacting with a member of this nebulous body, here are a few facts the OCC representative touched on (see Maxson, p. 3)

which you may not have been aware of:

• An officer's failure to identify himself by name, give his badge number, or file a police report of an incident all fall under "Neglect of Duty," which is actionable by the OCC.
• Anyone can make a "citizen's arrest" and hold a person until a police officer arrives. Even if the officer decides not to take the person into custody, he or she must "receive the arrest," i.e. record that the person has been arrested.
• If an officer physically restrains someone, he or she must issue an 849-B (certificate of release) slip. This is useful to have if, for example, you later need to document that an incident occurred for purposes of filing a complaint, Maxson explained.

Another interesting fact revealed by the OCC investigator is that the official guidelines and procedures which the SFPD issues to its own officers are available for purchase by members of the public in a manual called the Department General Orders (DGO). The DGO is available at the Hall of (In)justice, at 850 Bryant Street. You can also buy separate police manuals governing everything from crowd control to detention and booking. Additional rules followed by the SFPD are contained in bulletins which last 2 years and are issued "almost daily" by the chief of police.

One item for which there apparently are no guidelines is permitting, which helps explain the trouble frequently experienced by nightclub owners and others facing police vetos of their livelihood. "There's nothing in the DGO on permits," Maxson said. "They have a tremendous amount of discretion." Despite extensive evidence of this discretion being abused, however, policy-makers appear in no hurry to enact permitting reform. Permit fees mean a steady stream of extorted revenue to fund bigger salaries and more bureaucrats.

Another interesting exception to some of the normal police rules is the Narcotics division. "Narcs are secretive," Maxson said. Their calls aren't included on the radio log. "They don't even tell who's in what car" when on patrol, he said. They work out of an undisclosed location. Chalk another one up to the corrupting influence of Drug Prohibition.

Maxson also revealed some scary facts about home searches. "Many people on probation have ‘search conditions,’" he noted. These are conditions attached to their probation that allow the police to search any address connected to such a person, without a warrant, even if the person no longer lives there! If the OCC investigator is correct, this means police can "legally" search your house without a warrant based on the legal status of someone who may not have lived there for years! Officers can also search public housing without a warrant, Maxson noted, because courts have determined that "there's a reduced expectation of privacy if you live in public housing." Interesting logic, that! It would seem to suggest that there is also a reduced expectation of privacy if you go to a public school, get treated in a public hospital, etc. Perhaps loss of privacy ought to enter policy debates as another detrimental aspect of government control over such facilities.

But I digress. For those interested in doing further research on San Francisco's finest, redacted (i.e. censored) versions of case summary reports on the complaints brought before the Police Commission are available at the Commission's office, located at 480 2nd Street at Stillman (between Harrison and Bryant). The Police Department also periodically offers a "citizen's academy" along the lines of the police academy training undergone by prospective officers, Maxson reported. No word on whether urine testing, or urinating on the Constitution, is required.

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Wednesday, May 24: LPSF Outreach Director and State Assembly candidate Starchild addresses the Residential Builder's Association. Irish Cultural Center, corner of 45th Avenue and Sloat Blvd., at 8 p.m.

Saturday, June 17: San Francisco Late Night Coalition Rally at Piers 30-32. The SFLNC is a group fighting police and official harassment of after-hours dancing in the city. Daytime rally features bands, speakers. For more info, call (415) 820-3256 or visit <www.sflnc.org>.

Sunday, June 25: Gay Freedom Day parade. Volunteers needed! Call Mike Acree, (415) 668-5794, for info.

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David Molony

chair@lpsf.org

(415) 516-3151

Kelly Russell Simpson

KellySimpson@pacbell.net

(415) 487-9325

Vince Grubbs

vwg@sirius.com

(415) 682-9482

Mike Acree

macree@psg.ucsf.edu

(415) 668-5794

Jerry Cullen

gtcullen@slip.net

(415) 567-9642

Mike Denny

mfd@MichaelDenny.net

(415) 616-0643

Starchild

dreamer@ziplink.net

(415) 626-3036

Jerry Pico

picoman@mindspring.com

Opinions expressed in unsigned columns of the Golden Gate Libertarian do not necessarily represent those of anyone but the Editor.

Submissions are encouraged. The deadline (including agenda and calendar items) is the first Thursday of the month. Text sent by e-mail should be put in the body of the message (no attachments) and sent to Mike Acree at <macree@psg.ucsf.edu>. Photos and artwork should be mailed to Mike Acree, 859 45th Avenue, San Francisco, CA 94121-3223. Please let us know if you want your item returned.

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