The Informant

The debate over the San Francisco Police Department’s participation in the regional Joint Terrorism Task Force has slogged on for months after the American Civil Liberties Union revealed the agreement governing SFPD’s involvement in the anti-terror program disregarded long-standing LOCAL restrictions on police intelligence gathering and surveillance.

At a joint Human Rights/Police Commission meeting in May, dozens of local Muslims and civil libertarians called on the Police Commission to pull out of the controversial memorandum of understanding between the city and the FBI. The MOU was approved in March 2007 by then-Police Chief Heather Fong without the knowledge of the Police Commission, which is responsible for such policy decisions.

The ACLU and the Asian Law Caucus have urged San Francisco to follow the lead of Portland, Oregon, which pulled its police department out of the regional JTTF over concerns about over-broad homeland security investigations. In May, Portland entered into an agreement with the FBI and the U.S. Attorney for Oregon to allow local police to participate in the JTTF on an “as-needed” basis.

SFPD Commander Michael Biel, who is in charge of the Investigations division, contacted the Portland City Attorney and the FBI’s Portland office to learn more about the state of affairs with Portland’s new joint resolution. At last night’s Police Commission hearing, Biel reported that under the new agreement, Portland Police officers did not have top-secret clearance nor access to regional, national or international intelligence received by the JTTF.

Given San Francisco’s status as an international tourist destination and transportation hub,  Biel said SFPD would be hindered by a Portland-style resolution and needed access to top-secret intelligence related to Northern California.

“It is imperative that we are members of the JTTF so that we can obtain this information, partake in this exchange and know what’s going on in the region around us,” Biel said.

The Investigations division commander also maintained that SFPD’s current oversight structure for its officers assigned to the JTTF is adequate. The two SFPD officers assigned to the JTTF report directly to Lt. Theresa Gracie, who runs the special investigations unit and sits in on the JTTF’s monthly meetings.

SFPD also had a different impression of the Oregon FBI’s understanding of their relationship with Portland Police. Biel said that according to Greg Fowler, the FBI Special Agent in Charge of the Oregon office, the FBI never signed off on the new JTTF agreement with Portland despite an April 28, 2011 press release from the local US Attorney welcoming city police back into the Oregon anti-terror task force after a six year absence.

Furthermore, Biel claimed that the head of the San Francisco FBI office, Special Agent in Charge Stephanie Douglas, said she would not interfere with a bureau order issued by Police Chief Greg Suhr that requires SFPD officers to request written approval by superior officers before monitoring people engaged in First Amendment activity. Bureau Order 8.10 also requires SFPD to inform the Police Commission and the Office of Civilian Complaints about any such surveillance.

John Crew, an ACLU Police Practices expert advocating the Portland model of participation, told the Commission he and SFPD were receiving contradictory information from the FBI. Crew said SAC Douglas told the ACLU repeatedly that the Bureau would block any reporting public reporting requirements for SFPD officers asked to monitor First Amendment activity, in spite of Police Chief Suhr’s Bureau order.

“We’re hearing 2 different stories, which is why we need after all this time to cut to the chase and say, if SF police officers are going to participate, it needs to be fully under our policies,” said Crew. The Board of Supervisors has indicated that if the Police Commission does not clarify San Francisco’s relationship with the JTTF, it will take on the matter.

Commissioners Angela Chan and Thomas Mazzucco both vowed to address the department’s relationship with the JTTF soon by proposing a direct general order that would make Chief Suhr’s recent bureau order permanent.

“This memorandum of understanding was signed without our review, there are terms in the MOU that seem not to give deference to our bureau order at all times,” said Commissioner Chan.

No decision was made at last night’s meeting about when or how the JTTF participation will be addressed.