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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:
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foot patrols
-
car patrols
-
alarm
response
-
stationary/building security watches
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security
details such as for public personalities or
politicians, merchants making bank deposits, or
customers returning to dark parking lots
-
community and
school safety education programs
-
street
festival and community event security
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assistance
with graffiti control activities of communities or
City agencies
-
home vacation
checks
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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:
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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);
-
failing to answer
specific inquiries directed to the SFPD
administrators by Patrol Special Police Officer
representatives regarding what is required of them;
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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;
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selectively
enforcing regulations against a particular Patrol
Special Police Officer while another officer
committing the identical alleged offense will be
ignored; and
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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:
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acknowledges
every citizen’s right to be free of fear and
violence
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is cost
effective and timely, because it focuses on crime
prevention to begin with, not prosecution
after-the-fact
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serves the
client who is victimized, but also respects the
perpetrator and community/district culture
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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
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builds trust
in all law enforcement, and encourages
citizens to report crime and take preventative
measures on their own behalf
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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
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responds
rapidly because officers are located and stay in
their client’s specific district
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connects with
breaking news about crime because they are on police
radio bandwidth and are the only patrol service with
such connection
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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.
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