The San Francisco Office of Citizen Complaints (“OCC”) was renamed the Department of Police Accountability (“DPA”) pursuant to the adoption of San Francisco Proposition G on November 8, 2016. Proposition G amended the San Francisco City and County Charter to add section 4.136, Department of Police Accountability and to remove references to the OCC from Charter section 4.127, Police Department. Complaints filed with the OCC remain with the DPA. OCC staff is now DPA staff. The DPA remains at 25 Van Ness Avenue, San Francisco, CA, 94102.

The Way It Was: Pursuant to San Francisco City and County Charter section 4.127, Police Department, the City had an Office of Citizen Complaints (“OCC”). The OCC was the civilian oversight department for the San Francisco Police Department (“SFPD”). The OCC was overseen by the San Francisco Police Commission (“Police Commission”). The Police Commission also served as the civilian oversight body for the San Francisco Police Department. The OCC investigated complaints of misconduct and neglect of duty by police officers, could file disciplinary charges against officers, and make policy recommendations. The Mayor appointed a Director of the OCC from nominees selected by the Police Commission, and the Board of Supervisors confirmed the Mayor’s appointment.

City departments, officers and employees were required to cooperate with OCC investigations by promptly producing all records requested by the OCC except records the disclosure of which to the OCC was prohibited by law.

The Police Commission approved the OCC’s budget which was included in SFPD budget. After the Police Commission approved a proposed budget, the Mayor and Board of Supervisors could change it before adoption.

The Way It is Now: Pursuant to Proposition G, the civilian oversight department for the SFPD is now separately provided for in San Francisco City and County Charter section 4.136, Department of Police Accountability. The proposition amended the Charter of the City and County of San Francisco to rename the OCC to the Department of Police Accountability (DPA). The DPA continues to investigate complaints of misconduct and neglect of duty by police officers, may file disciplinary charges against officers, and continues to make policy recommendations. The Police Commission is still the civilian oversight body for the SFPD and the Police Commission still oversees the DPA.

The Mayor still continues to be responsible for appointing the DPA Director from nominees selected by the Police Commission, and the Board of Supervisors still confirms the Mayor’s appointment.

The DPA has audit powers unlike the OCC. At least every two years the DPA must review the San Francisco Police Department’s use-of-force policies and its handling of claims of police misconduct. The DPA Director also has the discretion to audit or review any SFPD policy, procedure or practice.

City departments, officers and employees must continue to cooperate with DPA investigations by promptly producing all records requested by the DPA except records the disclosure of which to the DPA is prohibited by law. The records specified to be provided to the DPA include but are not limited to:

• records relevant SFPD policies or practices;

• personnel and disciplinary records of Police Department employees;

• criminal investigative and prosecution files; and

• all records to which the Police Commission has access regardless of whether they are specific to a complaint.

The DPA budget is prepared and submitted separately from the SFPD budget, and does not need Police Commission approval. Instead, the DPA Director submits the DPA’s proposed budget directly to the Mayor. The Mayor and Board of Supervisors can change the budget before adoption.