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Ann Grogan, J.D.  
2912 Diamond St., Ste. 239
San Francisco, CA 94131
(415) 586-4156  
© September 20, 2009

The Benefits Of Private And Special Policing In San Francisco

The Dilemma and the Opportunity 

According to San Francisco news reports in early June (see, June 11, 2009 SF Examiner article), budget cuts were threatened of "... up to 325 (police) officers . . . from the force (City-wide of 1971 officers) and programs like patrols in public housing and protection at city events could be eliminated." At that same time, City Supervisor David Campos confirmed that even special violence-prevention programs in the SFPD were in jeopardy. Just in time, early August brought news that federal funds would be forthcoming to San Francisco to support the hiring of 50 additional police officers. 

However, it is undeniable that there will continue to be a threat to staffing for crucial safety services such as police and fire, when one considers a City faced with a 480-million-plus deficit. Things don’t look promising for California either, since the State’s credit rating suffers close to junk bond status, and fund’s are being siphoning from cities and counties to cover the 26 billion deficit, with resulting detrimental effect on  programs for the needy, mentally-ill, elderly, and youth. In addition, there is talk of early-release for 40,000 prisoners from California’s state prisons due to a legal case of inadequate and unconstitutional prison health care. Those released will be returning to live in San Francisco and other cities, only to face a daunting job market with less prospects for employment than in the past. 

However, there is a structural solution already in place and ready now--not later--to expand the numbers of police officers on the streets of San Francisco, with a uniquely-derived, effective, tried-and-true crime prevention approach.  

That solution is the Patrol Special Police Officer program.  

A Policing Program Unique to San Francisco but Aligned with National Trends  

Patrol Special Police Officers (since 1994) are not civil service members of the San Francisco Police Department, Conceptually they are considered to be quasi-public police because they are held accountable to the citizens under Police Commission regulation and administration. They are also considered to be quasi-private because they market their services and negotiate contracts in the open marketplace, with individual or groups of merchants, residents, and even in some cases, with City governmental agencies who require, and who voluntarily pay for, security services additional to those provided by the San Francisco Police Department. 

The scope and type of services range widely and as clients specifically need and request. Services may include any or all of the following:

  1. foot patrols

  2. car patrols

  3. alarm response

  4. stationary/building security watches

  5. security details such as for public personalities or politicians, merchants making bank deposits, or customers returning to dark parking lots

  6. community and school safety education programs

  7. street festival and community event security

  8. assistance with graffiti control activities of communities or City agencies

  9. home vacation checks

  10. and other crime prevention and order maintenance public safety services. 

For 161 years, Patrol Special Police Officers have enjoyed the intense devotion of satisfied clients in a City they have served with honor and distinction since 1847 when they were originally called “special police.” Notably, they came into existence before Gold Rush Days at the behest of and paid by merchants tired of rampant crime on the infamous Barbary Coast. They pre-date formal establishment of a tax-base that only in 1850 could support formation of a formal, government-sponsored police department. The services of the ‘special police’ proved so valuable that even after the SFPD was established, special police officers were called up to deal with particular problems, and their program was defined and confirmed in 1856 in San Francisco’s constitution, called the “City Charter.” 

Patrol Special Police Officers have served some districts of San Francisco for almost 40 continuous years, such as in the Diamond Heights district of the City. That district was set upon by thugs, ruffians, and gangs in the early 1970s and 1980s, but by the late part of the prior century had been cleaned up by Patrol Special Police Officers, where today one may often see them on patrol duty at the Diamond Heights Shopping Center. 

The use of ‘special police’ is not unique to San Francisco or in California, since some cities have tried various versions of private and public policing working in tandem. This includes Los Angeles, Oakland, Chicago, and New York City, among others. Even today a similar but State-authorized program exists in North Carolina and Atlanta, St. Louis, and Houston have collaborative programs between private security and public police, some even granting peace officer powers to private security for limited purposes. However, San Francisco’s program is unique among all, in its length of continuous service to one locale combined with the fact that it is protected at the lowest level of government in the City Charter. 

Modern-Day Challenges

In modern times, the value of the Patrol Special program was affirmed unanimously in 1994 by an 11-0 vote of the Board of Supervisors who elected to retain the program in the City Charter, rather than permit a ballot initiative to remove it. This, despite growing pressure at the time mounted by a developing police union, and two wily competitors in the marketplace. One competitor is the SFPD-administered competing off-duty officer program known as “10B”, and the other is by the private patrol operator industry regulated by the State Department of Consumer Affairs. A newcomer to the competitive scene also developed around the concept of Community Guide or Ambassador, sponsored by a management concern to provide tourist assistance and report crime in the downtown Union Street Area. Whether or not this is unlicensed security company operations in violation of state law regarding private patrol operators remains to be seen, but some of the functions of the Guides appear to be security and policing related. See: http://www.central-market.org/index.php?p=community_guides

Anecdotal and historical evidence suggest that since the early 1990s, the local police union has pursued an agenda of securing jobs for their members by supporting a governmental monopoly over policing service delivery. Evidence exists to suggest that union supporters also cooperated to some extent with the private sector to impede the effective functioning and value of San Francisco’s privatized police force. Opponents of the Patrol Specials concentrate on denigrating the powers of the Patrol Specials, and ignore the fact that policing can be divided into at least three components (observe and report, order maintenance, and law enforcement), the first two of which are in fact provided by the Patrol Specials as well as by the public police. For example, Gary Delagnes, the San Francisco police union president, was quoted in a June 3, 2008 article in the San Francisco Examiner as saying: "The patrol specials aren't real cops, and we shouldn't be talking about expanding their powers. You can bet that we're going to be a player in opposing that." See: 
http://www.sfweekly.com/2008-06-04/news/to-serve-collect/

For the past 15 years as police union strength grew and political administrations in San Francisco changed, so have policies changed toward the Patrol Special Police Officer program, as reflected by the politically-appointed civilian Police Commissioners whose support for community policing and neighborhood policing by the Patrol Specials, waxes and wanes as the political winds blow.

Declining political commitment to the program has been evidenced over the past few years in various ways. These ways include:

  1. failing to enforce a state law that says Patrol Specials are the only police force authorized to patrol the streets of San Francisco (in September, in direct violation of this law, the city Redevelopment Agency hired a private security firm to patrol Sixth Street, long known for problems of vagrancy and public displays of drunkenness);

  2. failing to answer specific inquiries directed to the SFPD administrators by Patrol Special Police Officer representatives regarding what is required of them;

  3. losing applications for new officers or failure to respond in a timely way so the application can be completed, resulting in a three or more year process to approval or denial;

  4. selectively enforcing regulations against a particular Patrol Special Police Officer while another officer committing the identical alleged offense will be ignored; and

  5. issuing confusing administrative memos interpreting regulations on an apparently ad hoc basis, without full and complete explanations.

A new set of interim regulations adopted in December of 2008 include several which imposed burdensome requirements on officers or their clients, and appear based on no or limited and dubious public safety rationale. In addition, one implicates individual privacy rights, since it requires officers to turn over details of their private client contracts, including the amount paid for security. The struggle over this regulation continues today, with apparently the first test case now being singled out for disciplinary action in front of the Police Commission. Meantime various major business clients are said to be readying legal action should their own individual Patrol Special Police Officer be served regarding the same issue. 

For complex and varied reasons, since the mid-1990s the Patrol Special Police Officers and their professional association have not responded effectively to resolve the above problems. Accordingly, their fortunes have waxed and waned, with the unfortunate result that forces have been reduced from 400 members City-wide, to only about 40 officers today. 

Yet the Patrol Special Police Officers remain undaunted, and ready, willing and able to serve San Francisco’s pressing public safety needs for augmented policing services. Merchants, residents, and some City agency administrators remain willing to step up and answer the call of major local and national leaders, including President Obama, for citizens to help themselves, precisely because government cannot do it all. 

How the Patrol Special Policing Program is Unique 

Patrol Special Police Officers deliver policing that:

  1. acknowledges every citizen’s right to be free of fear and violence

  2. is cost effective and timely, because it focuses on crime prevention to begin with, not prosecution after-the-fact

  3. serves the client who is victimized, but also respects the perpetrator and community/district culture

  4. is democratically-determined according to both the desires/needs of the client and the district culture, not imposed from the top down by civil service employees

  5. builds trust in all law enforcement, and encourages citizens to report crime and take preventative measures on their own behalf

  6. treats clients as customers, as opposed to mere subjects of the government’s benign or not-so-benign paternalism regarding what safety services are ‘good’ for them

  7. responds rapidly because officers are located and stay in their client’s specific district

  8. connects with breaking news about crime because they are on police radio bandwidth and are the only patrol service with such connection 

  9. focuses on quality of life issues thus freeing up the SFPD officer to focus on more serious crime. 

These Officers share a unique and particular programmatic “culture of care” for their clients, a factor that makes them truly “Special” in a way that governmental-delivered policing is not structured to be. Nor will governmental policing ever again enjoy the luxury of adequate staffing, or the possibility of softening a traditional, defensive posture in the face of increasingly violent criminal activity and new forms of crime including sophisticated gangs and American terrorism. 

Patrol Special Police Officers quickly develop specific knowledge of the culture of the district they serve, because many live there or serve only that limited area for years at a time. Thus, they come to have intimate knowledge of community business and residential life, patterns, and members, and readily win the confidence of their constituents. 

These Officers are practical counselors as well as peace-makers. They assist diminish fear and help business victims evaluate their options considering all business exigencies as well as financial and time resources that may or may not be available to prosecute– which is not always the best remedy. They restore calm by helping citizens quickly return to an even emotional keel after they or someone they know, have been victimized. 

These Officers provide services that also benefit even those who do not participate or pay, but who live, work, or shop in their client’s area. Many clients report they feel good about contributing this benefit to their community. As the owner of an art studio in the village of Glen Park said of her officer: I feel better knowing that my art class students are passing through areas that are patrolled. We are doing a good thing for Glen Park.” And Patrol Special officers are never hesitant to help anyone who needs it, client or not.

These Officers cost almost nil to the tax-payer precisely because their policing services are designed to prevent crime to begin with, or designed to solve it quickly and at the lowest level of disturbance before full-blown gang warfare develops, or violence-prone outsiders move into a community. 

These Officers cost almost nil because services are negotiated in the open marketplace with individual merchants and residents or even a few City agencies who pay a voluntary amount each month, or per event – an amount that is less than half what government-sponsored off-duty policing costs for more costly and less democratically-determined policing. 

Yet compared to some free-wheeling, barely regulated private patrol operators or worse yet, perhaps well-meaning but fearful citizens whose fuses grow short and who decide to arm themselves, Patrol Special Officers are not rogue officers out of control and ill-trained. They are uniformed with a historical patch declaring them to be “San Francisco Patrol Special Police Officers,” and armed by State law. They are also held accountable to the public interest via regulation by the Police Commission. Individual officers are initially vetted in the same detailed security background check that regular SFPD officers undergo. They are appointed by the Commission, and annually trained in both the classroom and on the weapons range by the SFPD who also trains each regular SFPD officer. Finally, each senior Patrol Special officer reports in daily to his or her SFPD District Captain before starting a shift. 

The Challenge Intensifies 

Starting in mid-2008 the Police Commission  funded several police improvement research studies independent of any consideration of the Patrol Special program already in the field and trained to assist. They looked at increasing foot patrols–when foot patrols existed. Then in March, 2009, the Commission decided--yet again-- to re-cycle “community policing” in only one of 14 City police districts, Ingleside, where a small pilot program was initiated. Yet two months earlier a group of merchants and residents in the Glen Park village in Ingleside had already initiated a Patrol Special Officer safety program, one that was completely overlooked in the City’s planning. It is anyone’s guess as to how long this re-cycled initiative will last when federal funds run out.  And it’s also anyone’s guess as to how long it will take citizens to recognize the blatant and callous waste of tax-payer dollars on duplicative safety services when programs to seniors, the mentally-ill, and children are being cut back. 

More problematic, the City seems intent upon pursuing a model of policing that is actually passe. “Community policing” was introduced across the country in the early 1970s, but never successfully implemented in San Francisco. As recently as August 17 at a Public Safety Committee meeting of the San Francisco Board of Supervisors, Supervisor Ross Mirkarimi said that community policing had failed. Not only that, but even today as in the past, regular SFPD officers have to be ‘taught’ what community policing involves, and motivated to go out into the community and get to know their clients. 

Meantime the Patrol Special officers don’t need to be taught. They know their clients. They have to know and serve their clients, in order to stay employed. Their model of policing service delivery is by its very nature and structure, a democratized system that is community-centered. They already enjoy special privileges and the trust of their clients that only increases over years of effective service. They are regularly called into the homes and businesses of their clients, to plan safety services in a wholly participatory way. 

The City also funded a three-month study commencing in March of this year, to define and purportedly resolve problems associated with operation of the Patrol Special Police Officer program. However, past historical conflicts dissuaded the majority of Patrol Special Police Officers from providing all information requested by the Boston research group, including confidential financial data regarding private contracts for service. There remains a real possibility that the ultimate recommendations to be belatedly released in November or December, will publicize the “lack of cooperation” of the Specials and sound yet one more drive to render ineffective this neighborhood policing program.

Winning the Hearts and Minds of the Citizens 

Some citizens apparently live in a fantasy world even today, and hold onto the rarified idea that government can ‘do it all’ and that’s what they pay taxes for. Government might be able to do so, but more money must be found to cover extensive policing services. If more money cannot be found then services will continue to be cut. 

Some citizens believe that government is the only effective or efficient way to deliver policing services, but history proves otherwise. Policing was first provided at the neighborhood level by citizens who watched out for each other and developed low-level, low-cost local dispute resolution mechanisms that worked just fine. But when the King discovered that providing policing was a way to make money, the handwriting was on the wall. Gradually more services were turned over to government, but the original motivation for such was not to improve quality and retain connection to the neighborhoods. The motivation was money. And, the higher or more complex the level of law enforcement provided, the more money could be charged. 

But why wait for serious crime to grow, crime that requires an expensive type of law enforcement, when disturbances can be prevented or solved at a lower and local level as done in the past?  Why not nip crime in the bud,  not by hiring a plastic surgeon (the SFPD) to handle a carbuncle, but by hiring the right specialist for the correct level of service, the Patrol Special Police Officer, for a low-cost solution?

And why not find out precisely what it is that clients of the Patrol Special Police Officers value and want, then improve the quality of services over time, to render them even more valuable and marketable to the broader public, whose awareness must be raised, and desire become action? 

San Francisco no longer has the luxury of throwing money at crime, and must seek alternate solutions. Aren't budget cut-backs in social services, proof positive that every available tried-and-true cost-effective alternate delivery service for public safety must be wholeheartedly supported by our Mayor and Police Department, in order to free up scarce resources? Shouldn’t a policing program that are not taxpayer funded be managed fairly and consistently by our Police Commission, hired by the City agencies when needed, and publicized honestly and positively to citizens who wish to pay to augment their own neighborhood safety services--and may have to do so soon, like it or not? 

Let's now only cry 'woe is me' and wring our hands. Every problem presents opportunities to be creative in finding solutions. The Patrol Special Police Officers provide one such solution.

 

Benefits of Private and Special Policing

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