New S.F. chief seeks amnesty for officers SAN FRANCISCO

SAN FRANCISCO - AUGUST 11: New San Francisco police Chief George Gascon smiles during his first news conference August 11, 2009 at the Hall of Justice in San Francisco, California. Gascon, the former chief of police of Mesa, Arizona, was sworn in as the new chief of the San Francisco Police deparment last week. (Photo by Justin Sullivan/Getty Images) less SAN FRANCISCO - AUGUST 11: New San Francisco police Chief George Gascon smiles during his first news conference August 11, 2009 at the Hall of Justice in San Francisco, California. Gascon, the former chief of ... more Photo: Justin Sullivan, Getty Images Photo: Justin Sullivan, Getty Images Image 1 of / 1 Caption Close New S.F. chief seeks amnesty for officers 1 / 1 Back to Gallery

Discipline cases against dozens of San Francisco police officers would be dismissed under an amnesty program proposed by Chief George Gascón.

The new police chief told The Chronicle on Wednesday that he wants to see "the great majority" of roughly 75 discipline cases pending before the civilian Police Commission end with little or no punishment for officers accused of minor misconduct.

Those cases, he said, include charges such as use of inappropriate language, being discourteous, failing to properly fill out a police report or a first-time misdemeanor drunken-driving arrest. They would also most likely involve first-time offenders rather than officers with a long history of complaints against them.

"We don't get anything out of taking a pound of flesh," Gascón said.

Cases involving more serious complaints, including harassment or use of unnecessary force, would be pursued and could end in termination.

"There's a very small group of people in the department whose history is irredeemable," the chief said. "We have a moral and ethical obligation to say enough is enough."

Gascón is in discussions with the Police Commission and Police Officers Association to clear the long backlog of cases. Gary Delagnes, president of the association, could not be reached for comment.

Gascón wants to use the police chief's power to suspend an officer for up to 10 days - the most he can do without sending a case to the Police Commission - and push for the discipline or termination of those officers who commit a second offense. Only the commission can fire an officer.

Six years ago, San Francisco voters gave residents a uniquely big say over police officers following the notorious Fajitagate street brawl. In that case, three off-duty officers were accused of picking a fight with two men, one who refused to hand over his to-go bag of fajitas. That incident became a scandal when some top police brass were accused of a cover-up. Charges were dropped in the case, and many of the top brass had their names cleared by the courts.

Under the current system, there are two channels for investigating misconduct by an officer: the independent Office of Citizen Complaints, which usually handles on-duty violations of police conduct rules, and the Police Department's management control division, which usually handles off-duty misconduct. Both routes can end up with a case before the Police Commission.

The commission, a seven-member body appointed by the mayor and the Board of Supervisors, handles cases that can't be resolved with the chief's 10-day suspension power. The commissioners, who have other full-time jobs, hold hearings that can last several weeks.

Cases often languish for months or even years, meaning unfit officers continue to get paid when they should be fired and good officers are stuck on desk duty.

"Our system makes discipline a long, slow process and nobody's happy with that," said Joe Marshall, the commission president.

He said "the best-case scenario" would be holding two hearings a month, meaning the backlog would take roughly three years to clear.

Marshall said he hadn't heard specifics of Gascón's plan and that each case that stands to be dismissed needs to be looked at individually. "I can't give a blanket statement about anything," he said. "Each case has to be judged on the merits and the facts."

Reaction to the chief's amnesty idea among city officials was mostly positive. Supervisor Ross Mirkarimi, whose district includes the crime-plagued Western Addition, said he sat down with the chief earlier this week and was informed about his plan for discipline cases.

"There's no reason for cases that are gridlocked for even the most minute infraction or administrative correction to remain without any resolution," he said.

Mayor Gavin Newsom selected the new chief and has said he doesn't want to micromanage Gascón. Newsom, who has been traveling in Mexico over the last few days, issued a statement Wednesday saying, "I appointed him to reform the department and to use his best professional judgment to make important decisions like this."