San Francisco Police Officers' Ass'n v. Superior Court

By timely petition for writ of mandate (Code Civ. Proc., § 437c, subd. (1)), the San Francisco Police Officers’ Association (POA) et al. seek to reverse respondent court’s ruling that certain of the Investigative Hearing Rules and Procedures (Rules) of the San Francisco Police Commission’s Office of Citizen Complaints (OCC) do not violate the confidentiality protections set forth in Penal Code section 832.5 et seq. We issued our order to show cause and invited the Bar Association of San Francisco (BASF) to participate as amicus curiae in the proceeding. Thereafter, the BASF filed a brief in support of real parties in interest in which, upon leave granted, the American Civil Liberties Union has joined.

As we will explain, we agree with POA in part and accordingly will direct issuance of a peremptory writ.

In November 1982, San Francisco voters adopted Proposition A, which amended section 3.530 of the San Francisco Charter and added section 3.530-2 creating the OCC* within the San Francisco Police Department to “investigate all complaints of police misconduct . . . [and] recommend disciplinary action to the chief of police on those complaints that are sustained. The…