Reformist SF Police Commissioner Is Ousted, Giving Lurie Greater Control of Oversight

San Francisco supervisors voted Tuesday to remove progressive police commissioner Max Carter-Oberstone, a move that could give Mayor Daniel Lurie greater influence over the commission but also one that some city officials and police reform activists worry will hurt efforts to improve law enforcement accountability.

The 9–2 vote came less than a month after Lurie moved to dismiss the commissioner before the end of his term next year in favor of one the mayor said would be more collaborative.

Carter-Oberstone was twice appointed to the oversight body by former Mayor London Breed, but he publicly clashed with her over public safety policies and exposed her controversial practice of having commission appointees sign undated resignation letters at the start of their terms. Without him as a reliable ally, Breed effectively lost control of the Police Commission, whose seven members include four appointed by the mayor.

According to Carter-Oberstone, Lurie’s office notified him three weeks ago that it would be seeking his removal after he made it clear during a previous meeting that he would not resign at the mayor’s request. Lurie has yet to provide a public explanation as to why he should be ousted from the role, the former police commissioner said.

Some have speculated that Lurie is seeking to shore up mayoral control of the Police Commission as part of a bid to replace SFPD Chief Bill Scott, a concern that was brought up by residents during public comment at Tuesday’s meeting.

During the selection of a new police chief, the Police Commission provides the mayor with a list of names to select from. Replacing Carter-Oberstone with a police commissioner who is more aligned with the mayor’s office could allow Lurie greater influence over that list if Scott is fired or resigns.

Supervisor Matt Dorsey, a former SFPD spokesperson, said that he didn’t believe Lurie sought Carter-Oberstone’s ouster in preparation for replacing Scott and that Lurie has the right to seek his own appointments as a newly elected mayor.

“At the end of the day, I don’t believe this is about Mr. Carter-Oberstone. I believe it is about what the city charter says about mayoral authority over mayoral appointments,” Dorsey said.

Supervisor Jackie Fielder, who voted against the motion to remove Carter-Oberstone, said during the meeting that while the mayor is allowed to request the removal of a police commissioner, the board is also within its authority to reject the request. Her constituents have expressed a desire for greater police accountability, and Carter-Oberstone’s removal will be to the detriment of police oversight efforts, she said.

“Commissioner Carter-Oberstone has been a steadfast advocate for reforms and oversight. His leadership has been smart, principled and moral,” Fielder said. “He represents the kind of principled, uncorrupt, independent governance San Franciscans want, and he should be rewarded for his service, not punished.”

Only Supervisor Myrna Melgar joined Fielder in voting against removing Carter-Oberstone.

Many of the residents and civil rights advocates who spoke at the meeting pushed back against the motion, urging the board to allow Carter-Oberstone to serve until the end of his term.

Carter-Oberstone “has not only provided critical, unwavering oversight of our city’s armed police force, but he has also fought for SFPD to engage in policing that does not rely on racial bias and police violence,” said Carolyn Goosen, policy director at the San Francisco Public Defender’s Office. “We need to ensure that there is strong, independent civilian oversight, and this is what Commissioner Carter-Oberstone exemplifies.”

Goosen praised Carter-Oberstone for his work as an outspoken proponent of police reform and for his effort in spearheading racial justice initiatives in San Francisco, including a commission-initiated policy that bans “pretextual” traffic stops — those for low-level violations that officers use to investigate whether the person was involved in an unrelated crime, often based on little more than speculation.

During the meeting, the Board of Supervisors also confirmed Lurie’s selection of a new police commissioner for a separate seat, former federal prosecutor Wilson Leung. With Carter-Oberstone’s removal, the mayor will also need to nominate another person to the commission, possibly furthering Lurie’s sway over the police oversight board.

“San Francisco has taken a dangerous step backward,” said Brian Hofer, executive director of nonprofit Secure Justice, in a statement responding to Carter-Oberstone’s removal. “Commissioner Carter-Oberstone was removed not because he failed in his duties but because he was too effective at holding SFPD accountable. This decision sends a chilling message to anyone who dares to stand up for justice.”

KQED’s Dana Cronin contributed to this report.