Office of Citizen Complaints

Policy Recommendations

Reference: 1017-98; DGO 2.01§ 50 & 55

SUBJECT: Conflict of Interest

RECOMMENDATION:
The Office of Citizen Complaints recommends that the San Francisco Police Department amend General Order 2.01 §50 and §55 to prohibit officers from making testimonials, providing recommendations or offering referrals, as to particular products, services or businesses, in situations as to which there:

1) is an opportunity for corruption or a conflict of interest or
2) may be an appearance of corruption or of a conflict of interest.

These include situations in which it is reasonably foreseeable that the testimonial, recommendation or referral will have a financial or personal benefit to the officer that is distinguishable from its effect on the general public and or situations which will prevent the officer from applying disinterested skill.

BACKGROUND:
Complainant inquired into the possibility of obtaining a permit for a business establishment. The officer produced the business card of a person known to him to provide pro bono services and allegedly said, "I strongly recommend" that the permit applicant consult with the person named on the card. Complainant, mistakenly but sincerely, believed that she was obliged to comply with the recommendation.

Complainant and the consultant entered into a fee-for-service contract costing several thousand dollars. Initially, the consultant informed complainant that the permit request had received the approval of the officer. After a dispute regarding the fee, and the scope of service, complainant was referred back to the officer. Concurrently, the officer obtained information that convinced him that complainant was ineligible for a permit. The officer provided the information to the issuing authority, which, in turn, denied the permit. Complainant believed that the denial was based on her dispute with the consultant, whom the officer had recommended.

Case Investigated by: MARY E. IVAS, Investigator
Prepared by: RIVER GINCHILD ABEJE, Policy and Outreach Specialist
Approved by: MARY C. DUNLAP, Director
Date: June 29, 1999

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