Peskin criticized for move on police panel
Supe seeking early approval for incumbent
San Francisco Supervisor Aaron Peskin has asked the Board of Supervisors’ Rules Committee to reappoint Cindy Elias to her seat on the Police Commission — four months before her present term expires.
The decision drew sharp criticism from moderates, who accused Peskin of Machiavellian maneuvering to limit applicants interested in sitting on the high-profile commission by prematurely closing the window for people to submit their names for consideration.
Critics said the move could circumvent the vote of the new board, which saw the election of moderate Joel Engardio, who campaigned on a platform that emphasized public safety and quality-of-life issues — though Peskin said he is not seeking to do that.
“It’s important to be clear and transparent in the public process around our commissions,” said Jeff Cretan, spokesperson for Mayor London Breed. “This is removing the ability for residents to be able to apply for this seat, for this really important position. It’s very unfortunate. It’s a last-minute attempt to circumvent the public process.”
The Police Commission, which oversees the Police Department and the Office of Citizen Complaints, is made up of seven appointees, four of whom are selected by the mayor — subject to board confirmation — and three appointments made by a majority of the Board of Supervisors. Those names are pulled from an open application process.
The commission is frequently at the center of battles between moderates and progressives over policing in San Francisco. Commissioners select candidates from among whom the mayor names a police chief, conducts disciplinary hearings on misconduct charges and decides on issues such as the current negotiations over minor traffic stops, which police say are a crucial investigative tool but critics say disproportionately target people of color.
The commission also was involved in tense negotiations between the Police Department and San Francisco District Attorney’s Office over an agreement giving the district attorney lead authority to investigate officer-involved shootings.
Elias, a former public defender now working as a labor attorney, is one of the longest-serving members of the commission.
Her term was set to expire at the end of April, and so far, only two people have submitted their names as potential applicants — one of whom is Elias. However, the seat probably would draw more applications as the April deadline approached. When Elias was appointed in 2018, for example, 12 people applied for two open seats.
Last week, the Rules Committee placed an item on the city calendar set for Dec. 12 to consider Elias’ nomination as a “committee report.” That would allow the board to vote on the matter on Dec. 13. Engardio does not join the board until January.
Peskin downplayed the concerns, saying it is not uncommon for the Board of Supervisors to reappoint applicants before the expiration of their term.
“I just wanted to send a signal that Ms. Elias — and the work she has done and her ascendancy to the Police Commission — has Board of Supervisors’ support,” he said.
He objected to the suggestion that he’d tried to circumvent the new board’s consideration of Elias’ appointment, saying he planned to make a motion Monday that her appointment would actually be decided by the new board in January.
Elias is “doing good, sensible work,” he said, “but the new board will have the final say.”
Still, the move caught Breed’s office, at least one supervisor and Engardio by surprise — and rankled other moderates.
“This year, we’ve seen four people recalled and an incumbent ousted for the first time in 20 years for not standing with the community on public safety,” said Kanishka Cheng, executive director of TogetherSF. “The Board of Supervisors continues to double down on their public safety ideology and is circumventing the public process which would allow other candidates to be considered for the Police Commission — a body that has enormous influence over the city’s public safety policy.”
Supervisor Rafael Mandelman said the abrupt move to speed consideration on Elias’ appointment meant he and others would have less time to review candidates at a time when the city is grappling with significant questions about police staffing, enforcement and a host of related issues.
“I’d like the opportunity to understand Commissioner Elias’ record and engage with her — and anyone else interested in appointment to the commission,” he said. “I thought we had time to do that, and I don’t understand why we’re moving forward so early ... and in what seems a pretty rushed way.”
Engardio, the incoming supervisor, also criticized the move, saying public safety was his “top priority.”
“A Police Commission appointment should not be rushed, especially when the term doesn’t end for four more months,” he said in an email to The Chronicle. “There is plenty of time in the new year with a new board to consider a range of candidates who will best serve the needs of residents who are demanding better public safety. I would like the opportunity for thorough due diligence on this appointment.”
Elias was not immediately available for comment.