San Francisco, California, Proposition H, Tasers for Police Officers (June 2018)

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Local ballot measure elections in 2018
Proposition H: San Francisco Tasers for Police Officers
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The basics
Election date:
June 5, 2018
Status:
Defeatedd Defeated
Topic:
Local law enforcement
Related articles
Local law enforcement on the ballot
June 5, 2018 ballot measures in California
San Francisco County, California ballot measures
See also
San Francisco, California

An initiative to enact policies regarding the use of tasers in the San Francisco Police Department was on the ballot for San Francisco voters in San Francisco County, California, on June 5, 2018. It was defeated.

A yes vote was a vote in favor of enacting policies to equip San Francisco police officers with Conductive Energy Devices (CEDs, also known as tasers) by December 31, 2018, and to govern the use of tasers by police officers.
A no vote was a vote against enacting policies to equip San Francisco police officers with Conductive Energy Devices (CEDs, also known as tasers) by December 31, 2018, and to govern the use of tasers by police officers.

The San Francisco Police Commission voted 4-3 to approve the use of tasers in the San Francisco Police Department on November 3, 2017. Proposition H reiterated the policy allowing San Francisco police officers to carry tasers and proposed policies for supplying officers with tasers and regulating their use.

The proposition called for the city to provide funds to equip trained officers with tasers by December 31, 2018. Proposition H also defined the circumstances in which officers would be permitted to deploy tasers using the following terms:[1]

“

It shall be the policy of the City to equip police officers with CEDs for the purpose of resolving encounters with subjects who are actively resisting, assaultive, or exhibiting any action likely to result in serious bodily injury or death of another person, themselves or a police officer.[2]

”
—Proposition H

The policies under Proposition H could be amended only by majority voter approval or by an ordinance receiving a four-fifths vote by the San Francisco Board of Supervisors.[1]

Election results

San Francisco Proposition H

Result Votes Percentage
Yes 90,334 38.06%

Defeated No

146,997 61.94%
Results are officially certified.
Source


Text of measure

Title and summary

The title and summary of the measure were as follows:[3]

“

USE OF TASERS BY SAN FRANCISCO POLICE OFFICERS

Conductive energy devices (“CEDs”) are weapons that discharge electrical currents into an individual, causing incapacitation. CEDs are sometimes referred to as tasers. Taser is a brand name of one type of CED.

San Francisco police officers do not currently use CEDs.

The San Francisco Police Commission (“Commission”) sets policy for the San Francisco Police Department (“SFPD”). In November 2017, the Commission authorized the SFPD to use CEDs starting in December 2018.

Automated External Defibrillators (“AED”s) are portable devices that deliver an electric shock to the heart, and can allow a normal rhythm to resume following sudden cardiac arrest. About half of SFPD patrol vehicles have AEDs.

The City’s Charter establishes the City’s budget process. Under that process, the Board of Supervisors and the Mayor must approve the City’s budget each year.

This measure would authorize the SFPD to purchase CEDs for each police officer. This measure would authorize officers to use CEDs, subject to the following conditions:

  • only officers who have successfully completed certain training would be authorized to use CEDs;
  • officers could only use SFPD-issued CEDs and holsters; • officers would be required to carry their CEDs in holsters on the opposite side of their body from their firearm;
  • SFPD vehicles in police districts where CEDs are deployed would be required to carry AEDs;
  • the SFPD would be required to conduct an investigation each time an officer used a CED.

This measure would require the SFPD to request that the City appropriate sufficient funds each year to implement this measure. The SFPD would have to make the first request for appropriation of funds 45 days after this measure is enacted.[2]

”

Impartial analysis

The following impartial analysis of the measure was prepared by the office of the San Francisco Controller:[4]

“

The cost of the proposed ordinance, should it be approved by the voters, is dependent on decisions that the Mayor and Board of Supervisors make through the budget process, as an ordinance cannot bind future Mayors and Boards of Supervisors to provide funding for this or any other purpose. In my opinion, the cost of fully funding the program created in the proposed measure, should future policymakers do so, is likely to be significant.

The measure establishes a City policy and program to provide tasers for each uniformed officer in the San Francisco Police Department (SFPD). The program would increase the City's costs by an estimated $4.5 million for the purchase of tasers and for initial training. There would also be a new ongoing annual cost of approximately $200,000 for training, recertification and equipment. These costs could be somewhat reduced if the SFPD adjusts the implementation and schedule of the program.

The measure specifies requirements for Police Officer training and certification in the use of tasers and investigating and reporting any instance when a taser is activated. The measure requires having defibrillators available in police vehicles which is already an SFPD practice.

As stated above, an ordinance cannot bind future Mayors and Boards of Supervisors to provide funding for this or any other purpose. Under the City Charter, the ultimate cost of this proposal depends on decisions made in the City's annual budget process. [2]

”
—San Francisco Controller

Full text

The full text of the measure is available here.

Support

Safe Neighborhoods for All campaign logo

Proponents

The group Safe Neighborhoods for All, sponsored by the SF Community Alliance for Jobs and Housing and the San Francisco Police Officers Association, led the campaign in favor of Proposition H.

The following individuals were the official sponsors of the initiative:[5]

  • Sergeant Martin Halloran, president of the San Francisco Police Officers Association
  • Mary Harris
  • Angelique Mahan

Groups and individuals that endorsed a "yes" vote on Proposition H include:

Arguments

Sergeant Martin Halloran, on behalf of Safe Neighborhoods for All, stated the following on the San Francisco Police Officers Association website:[9]

“

Less lethal use of force options, commonly known as Tasers, are at the forefront of what is desperately needed within the SFPD. This tool has proven to reduce injuries to the public and officers. Our neighboring agencies and our own Sheriff’s Department have successfully used them for years but yet the SFPD still goes without them.

San Francisco voters will have an opportunity to vote on this important issue in June. A yes vote on Proposition H will ensure that SFPD officers have the necessary tools to reduce injuries and save lives.[2]

”
—Safe Neighborhoods for All

Opposition

No on Prop H Committee campaign logo

Opponents

The No On Prop H Committee, sponsored by the American Civil Liberties Union (ACLU) of Northern California, led the campaign in opposition to Measure H.

A list of groups and individuals that endorsed a "no" vote on Prop H, compiled by the No on Prop H Committee, can be read here.

Individuals who endorsed a "no" vote on the measure include:

Arguments

The No On Prop H Committee stated the following on its website:[12]

“

Prop H would undermine important policies by the Police Commission and the Police Chief that require de-escalation before use of force.

Prop H says it's about letting San Francisco police officers use tasers. In fact, the Police Commission has already approved and authorized use of Tasers. Prop H is unnecessary and will prevent police officials from adjusting taser policy to keep the public safe.

If Prop H passes, it will be almost impossible to change without a costly and time-consuming election. Prop H undermines the ability of the Police Commission and Police Chief to provide safe oversight and enforcement of taser policy.[2]

”

Background

The San Francisco Police Commission voted 4-3 in favor of the use of tasers in the San Francisco Police Department on November 3, 2017.

Proposition H proposed the following policy for when officers would be permitted to use tasers:[1]

“

It shall be the policy of the City to equip police officers with CEDs for the purpose of resolving encounters with subjects who are actively resisting, assaultive, or exhibiting any action likely to result in serious bodily injury or death of another person, themselves or a police officer.[2]

”
—Propisition H

The San Francisco Police Commission adopted a policy to regulate the use of tasers through a 6-1 vote on March 14, 2018. In contrast to the proposition, the policy adopted by the police commission was designed to permit officers to use tasers on individuals who are:[13]

“
  1. Armed with a weapon other than a firearm, such as an edged weapon or blunt object, and the subject poses an immediate threat to the safety of the public, him/herself or officers; or
  2. Assaulting or battering the officer or another person, or verbally or physically displaying an intention to assault the officer another person; or
  3. Violently resisting an officer's attempt to lawfully detain or arrest a subject;
  4. Exhibiting actions likely to result in serious bodily injury or death to the public, him/herself or the officer.[2]
 ”
—San Francisco Police Commission policy, adopted March 2018

Path to the ballot

See also: Laws governing local ballot measures in California

Proposition H was put on the ballot through a successful citizen initiative petition. In San Francisco, signatures equal to 5 percent of the votes cast for mayor in the preceding election are required to put an initiative on the ballot. This requirement for 2018 initiatives was 9,485 valid signatures. On February 2, 2018, proponents of the initiative—suported by the San Francisco Police Officers Association—submitted 19,253 signatures. Enough of the submitted signatures were found to be valid to qualify the initiative for the ballot.[14][15]

See also

External links

Footnotes

  1. ↑ 1.0 1.1 1.2 City and County of San Francisco, "Legal Text," accessed May 5, 2018
  2. ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  3. ↑ San Francisco City and County, "Title and Summary," accessed March 23, 2018
  4. ↑ San Francisco City and County, "Controller's Analysis," accessed March 22, 2018
  5. ↑ 5.0 5.1 San Francisco City and County, "Measures," accessed March 23, 2018
  6. ↑ San Francisco Republican Party, "Endorsements," accessed May 6, 2018
  7. ↑ 7.0 7.1 SF Chronicle, "Taser campaign deceptive, Prop. H opponents say," May 4, 2018
  8. ↑ Stop Crime SF, "A Practical Taser Policy: Why We Support Prop H," March 15, 2018
  9. ↑ San Francisco Police Officers Association, "Safe Neighborhoods for All - Vote Yes on Prop H," accessed May 5, 2018
  10. ↑ 10.0 10.1 10.2 10.3 10.4 No on Prop H Committee, "Endorsements," accessed May 5, 2018
  11. ↑ San Francisco Examiner, "SFPD Chief Scott takes stand against Taser ballot measure," February 28, 2018
  12. ↑ No On Prop H Committee, "Home," accessed May 5, 2018
  13. ↑ San Francisco Police Department, "Use of Electronic Control Devices Policy Draft," January 23, 2018
  14. ↑ San Francisco Chronicle, "Vote to give San Francisco police Tasers," March 14, 2018
  15. ↑ San Francisco Chronicle, "Supporters turn in signatures to put Tasers for police on SF’s June ballot," February 2, 2018
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