#NoJusticeNoDeal

We are concerned about ongoing negotiations over a new police contract between the City and County of San Francisco and the San Francisco Police Officers Association (POA). We are requesting that Mayor Farrell direct the Department of Human Resources to negotiate a Memorandum of Understanding that prioritizes public safety and police accountability and represents the needs of communities most impacted by over-policing, racial profiling, and police violence.

We support workers and unions. Many of us are union members. The POA, however, is not like other unions that focus exclusively on wages and benefits and reasonable working conditions for their employees. The POA exerts far more power and control over the City’s residents and visitors. Further, the POA consistently uses labor law to exert enormous influence on public policy and public safety by blocking or delaying common-sense reforms that would make San Francisco safer. Examples include using meet-and-confer to negotiate a weaker body camera policy and suing the City to block the vastly-improved and unanimously-passed use-of-force policy.

The POA has taken hardline stances and used inflammatory tactics that destroy trust between residents and police. It regularly and publicly attacks police accountability champions—including elected officials, prominent athletes like Colin Kaepernick, and its own police members who don’t toe their line.

The following represent important priorities that we urge the City's negotiators to consider and incorporate:

Given the city charter’s timeline that necessitates negotiating a new MOU prior to the unexpected June 2018 mayoral election, the current MOU should be extended and renegotiated in 2019 once an elected mayor is in office and after current reform efforts are farther along. If a new MOU is negotiated this year, it should be approved for a one-year term and renegotiated in 2019.

Given the stated commitment of former Mayor Edwin Lee to implement all of the recommendations of the U.S. Department of Justice Community Oriented Policing Services (COPS) report, the immense investment of time and resources the San Francisco Police Department, many of us, and now the California Department of Justice will have devoted to this implementation process, and the express support for the recommendations offered by POA leadership, any new MOU should require that the POA facilitate the implementation of these recommendations. Specifically, the City should demand that the POA agree not to invoke meet-and-confer or interest arbitration related to any policy arising out of this reform process.

The City should demand in any new MOU that the POA agree not to invoke meet-and-confer or interest arbitration when the Police Commission passes any Departmental General Orders related to the following topics:
*Use of force
*Tasers
*Body cameras
*Civilian complaints
*Police misconduct and discipline

Given the aggressiveness with which the POA has resisted the City’s reform efforts, a new MOU should not require the City to pay any portion of the POA President’s salary. This type of payment is not a standard provision in public sector labor agreements.

Given the challenges the Police Commission and Chief have faced in keeping police officers accountable for misconduct, a new MOU should not limit consideration of evidence in an officer’s personnel file for purposes of promotion, transfer, or discipline (within the boundaries of state law). This includes removing the current provision preventing the use of evidence over five years old.

There is important precedent demonstrating how communities and their elected representatives can work together to increase public safety in the context of MOU negotiations. The Austin City Council recently voted to reject a proposed new contract with their police union after the city’s negotiators failed to address the community’s concerns. And it worked: the police union there announced on January 30th that it would return to the bargaining table to discuss the community's non-economic demands.

Over the course of the current San Francisco MOU, we’ve paid our officers among the highest salaries in the country and, in return, the public deserves a professional police force that reflects community values. Police violence, racist and homophobic texts, and rape scandals are not consistent with our values. Instead of acting as a partner to modernize police practices, the City has faced resistance from the POA at every turn. We can’t afford to repeat these mistakes for another decade.

#NoJusticeNoDeal