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THE POLICE COMMISSION

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CITY AND COUNTY OF SAN FRANCISCO

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5 San Francisco Police Department

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SPECIFICATION NO. 3: PSO ANDREWS Failed to Respond to Several

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Certified Letters Sent by the Department and He has Failed to Communicate with the Department (

20 violation of Rules 4.03 and 4.04 of the Interim

21 Rules and Procedures for Patrol Special Officers

and their Assistants);

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COMES NOW, GREGORY P. SUHR, Chief of Police of the San Francisco Police 24

Department and charges both Patrol Special Officers SAMUEL REYES #2623 and JOHN 25

-1 - I n the Matter of PSO SAMUEL REYES

and P50 JOHN ANDREWS

In the Matter of

SAMUEL REYES and

JOHN ANDREWS,

Patrol Special Officers,

Star Numbers 2623 & 2536,

Accused

FILE NO. ALW lAD Case #2014-0051

SPECIFICATION NO. 1: PSO REYES and PSO ANDREWS Have Failed to Work and or Manage Their Patrol Special Beats in Several Years and Both Have Allowed Others to Work or Manage Their Beats In Violation of the Interim Rules and Procedures for Patrol Special Officers and their Assistants (a violation Rule 4.11 of the Interim Rules and Procedures for Patrol Special Officers and their Assistants);

SPECIFICATION NO. 2: PSO REYES AND PSO ANDREWS Failed to Attend Training or Qualify at the Range in the Pasi Several Years (a violation of Rule 3.05 of the Interim Rules and Procedures for Patrol Special Officers and their Assistants);

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ANDREWS 42536 in this combined complaint with violations of the Interim Rules for Patrol

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Special Officers and their Assistants. In Specifications one and two, GREGORY P. SU}IR Chic]

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of Police of the San Francisco Police Department charges Patrol Special Officer Samuel Reyes,

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Star Number 2623 and Patrol Special Officer John Andrews, Star Number 2536 with (1) Failure

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to Work and or Manage Their Patrol Special Beats in Several Years and Allowing Others to

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Work and or Manage Their Beats In Violation of the Interim Rules and Procedures for Patrol

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Special Officers and their Assistants (a violation Rule 4.11 of the Interim Rules and Procedures

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for Patrol Special Officers and their Assistants); and (2) Failure to Attend Training or Qualify at

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the Range in the Past Several Years (a violation of Rule 3.05 of the Interim Rules and Procedure

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for Patrol Special Officers and their Assistants); In Specification number three, GREGORY P.

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SUHR, Chief of Police of the San Francisco Police Department charges Patrol Special Officer

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John Andrews, Star Number 2536 with (3) Failure to Respond to Several Certified Letters Sent

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by the Department and Failure to Communicate with the Department (a violation of Rules 4.03

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and 4.04 of the Interim Rules and Procedures for Patrol Special Officers and their Assistants);

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committed as follows:

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GENERAL ALLEGATIONS:

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(1) At all times herein mentioned Patrol Special Officer Samuel Reyes, Star Number

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2623 and Patrol Special Officer John Andrews, Star Number 2536, (hereinafter referred to as the

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PSO REYES and PSO ANDREWS) were and are Patrol Special Officers.

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(2) A Patrol Special is defined as "A private patrol person, appointed by the

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Commission, who contracts to perform security duties of a private nature for private persons or

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businesses within the geographical boundaries set forth by the Police Commission. A Patrol

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Special Officer is the owner of a beat."

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(3) Patrol Specials and Assistant Patrol Specials are not members of the uniform ranks

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of the Police Department and they are not employees of the City and County of San Francisco.

-2 - In the Matter of PSO SAMUEL REYES #262

and PSO JOHN ANDREWS #253

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All Patrol Special Officers are responsible for knowing and obeying the rules and procedures of

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the Patrol Special Officers and Assistant Patrol Special Officers. (See the Interim Rules and

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Procedures for Patrol Special Officers and Their Assistants, Adopted by the San Francisco Polic

4 I Commission, December 10, 2008).

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(4) Encompassed in those rules is the directive that Patrol Specials and their Assistants

6 shall obey all written orders of the Department that are not, clearly inapplicable to their respecti\

7 assignments. (See Rule 3.12(A) of the Interim Rules and Procedures for Patrol Special Officers

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and Their Assistants.)

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PSO REYES #2623 and PSO ANDREWS 42536:

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SPECIFICATION NO. 1:

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(5) The allegations incorporated in paragraphs (1) through (4) are incorporated by

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(6) It is alleged that PSA Reyes had been inactive as a Patrol Special Officer since since

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he left his duties due to medical issues in 2007. Despite his medical issues and inability to work,

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PSO Reyes has continued to operate his beats with the use of Assistant Patrol Specials which is

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prohibited by the Interim Rules.

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(7) On April 7, 2007, October 8, 2007, April 7, 2008, October 7, 2008, April 19, 2009

18 and October 16, 2009, PSO Reyes stated in several memorandums that he would be unable to

19 participate in semi-annual range qualifications because he was recovering from a foot injury.

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(8) When questioned about his foot injury, PSO Reyes stated that he was under a

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doctor's care, but failed to provide any written verification.

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(9) In June, 2013, Patrol Special Liaison - SFPD Officer Carla Brown spoke with PSO

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Reyes regarding his current status. At that time, she informed PSO Reyes that he could not

24 continue to operate his beats with the use of Assistant Patrol Specials only.

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(10) Shortly thereafter, (on or about July 1, 2013) Officer Brown received a

-3 - In the Matter of PSO SAMUEL REYES

and PSO JOHN ANDREWS

1 I memorandum flom PSO Reyes thanking her for her concern and stated that his intention was to

2 I return to work shortly.

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(11) Officer Brown also conducted a thorough review of PSO Reyes' employment file

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and she was unable to find any medical documentation regarding PSO Reyes' injuries.

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(12) In September, 2013, PSO Reyes failed to appear for his Range qualification and in

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October 2013, he failed to appear for training.

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(13) On or about January 22, 2014, Officer Brown spoke with PSO Alan Byard and

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asked about PSO Reyes' status. P50 Byard stated that he believed PSO Reyes was permanently

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retired and would not be returning to work.

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(14) Officer Brown emailed P50 Reyes on January 27, 2014 requesting clarification

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regarding his Assistant Patrol Specials. According to Officer Brown, PSO Reyes was vague

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regarding their assignments, the specific days they worked, their shift assignments, and vehicles

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being driven. P50 Reyes was vague in all his responses to Officer Brown.

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(15) On January 28, 2014, Officer Brown sent PSO Reyes yet another email requesting

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an update on his health status and possible return to work date.

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(16) On February 4, 2014, PSO Reyes sent an email to Officer Brown stating that he had

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already answered all of her questions. He then went on to say that her repeated questions were

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causing him great pressure and that he might have to see a doctor again due to the stress she was

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causing. He further stated that he felt threatened but noted what he thought were great things he

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had done for the City of San Francisco.

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(17) On February 19, 2014, Officer Brown received a packet of papers from PSO Reyes.

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In this packet, PSO Reyes stated that after his July email, he started exercising and that 55 days

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later he felt pain in his foot. According to PSO Reyes, he was advised by his doctor that he

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needed at least another four to five months to heal from his new injury. Once again, PSO Reyes

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did not provide a doctor's note; he only provided pictures of his injured toe. PSO Reyes

In the Matter of PSO SAMUEL REYES

and PSO JOHN ANDREWS

1 expressed again that he felt threatened by the conversations regarding his job status. He further

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stated that Rule 4.11 did not apply to him because he was having other Patrol Specials patrol his

3 I beats.

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(18) In regards to PSO Andrews #2537, he became ineligible to work as a Patrol Special

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Officer on July 2, 2010 when he failed to qualify at the Range on April 7, 2010. He was

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informed by formal letter that his status had been changed to inactive.

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(19) After PSO Andrews was placed on inactive status, he ceased turning in any and all

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paperwork related to his beats. In June 2010, a letter was sent to the City Attorney's Office

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requesting that PSO Andrews be released from the program. The Department never received a

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(20) In May 2013, Officer Brown sent out a letter to all Patrol Specials and Assistant

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Patrol Specials requesting that they turn in all missing paperwork. At the time, she received

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liability insurance for PSO Alan Byard under the name of John Andrews.

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(21) Officer Brown suspected that PSO Andrews was still working his beats or having

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another Patrol Special or Assistant Patrol Special work his beats since he still had insurance for

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the beats.

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(22) Officer Brown sent PSO Andrews a certified letter on June 18, 2013 and requested

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he turn in all his missing paperwork. The letter was signed for on June 19, 2013 but was

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subsequently returned to the Post Office with the words, "Send back, does not want or except,"

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written on the front of the envelope.

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(23) PSO Alan Byard's 2014 annual information sheet listed PSO Andrews as the Patrol

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Special Officer he works for and his monthly service logs from October through December 20 13

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list him as working PSO Andrews' beats.

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(24) According to Officer Brown, PSO Andrews isn't working his beats and he

25 continues to have others operate his beats which poses a significant liability for the City.

-5 - In the Matter of PSO SAMUEL REYES

and PSO JOHN ANDREWS

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Additionally, Officer Brown has proof of PSO Andrews' liability insurance, but no proof of

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worker's compensation insurance or vehicle insurance. Furthermore, despite repeated requests

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from Officer Brown, P50 Andrews has not complied with requests to turn in his information

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sheet or client list in the past four (4) years.

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(25) PSO Andrews has also failed to qualify at the range or attend mandatory training as

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required by the Interim Rules.

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(26) PSO Reyes and PSO Andrews, by failing to personally patrol their subscriber's

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locations within their beat and relying solely on the services of Assistant Patrol Specials, failed

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to adhere to the -minimum requirements mandated by the Interim Rules and Procedures for Patrol

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Special's and their Assistants. Any reasonable Patrol Special Officer must know that failure to

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patrol their own beats is conduct that is cause for discipline and/or revocation of his appointment.

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Rule 4.11 of the Interim Rules and Procedures for Patrol Special Officers and Their Assistants,

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states:

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4.11 ATTENTION TO DUTY Patrol Specials and Assistant Patrol Specials shall patrol their subscribers' locations within their beat

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constantly and diligently within the limits of their contractual obligations. Patrol Specials must personally participate in the patrol of

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their beats. They cannot rely solely on Assistants to conduct patrol services. -

17 SPECIFICATION NO

18 (27) The allegations incorporated in paragraphs (1) through (26) are incorporated by

19 reference as though fully set forth herein.

20 (28) As the Patrol Special Liaison, Officer Brown has been given the authority to

21 oversee the Patrol Special and Assistant Patrol Special Program. With that responsibility as the

22 Patrol Special Officer Liaison, comes the authority to direct Patrol Special Officers to comply

23 with her orders and the requirements listed in the Interim Rules.

24 (29) Both PSO Reyes and PSO Andrews failed to comply with the mandatory classroom

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rem

In the Matter of PSO SAMUEL REYES

and PSO JOHN ANDREWS

ii I instruction and mandatory Range qualification.

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(30) Both PSO Reyes and PSO Andrews were required to attend mandatory training and

3 mandatory bi-annual Range qualification. Any reasonable Patrol Special Officer must know that

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failure to complete mandatory training and Range qualification is cause for discipline and or

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dismissal from the program. Such conduct violates Rule 3.05(a) of the Interim Rules and

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Procedures for Patrol Special Officers and Their Assistants and states:

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3.05 TRAINING. Patrol Specials and Assistant Patrol Specials shall participate in additional training as required by the chief of Police. Costs for

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training provided by the San Francisco Police Department shall be paidfor by the Patrol Specials and Assistant Patrol Specials prior to receiving such

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training at a rate commensurate with the rates charged to other private persons. Minimum annual training shall include.-

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(A) Successful completion of the firearms qualifications course twice each year on dates set by the Range Master at the San Francisco Police Range.

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12 I SPECIFICATION NO. 3.:

13 I PSO ANDREWS #2536:

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(31). The allegations incorporated in paragraphs (1) through (3 0) are incorporated by

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(32) Officer Brown made several attempts to contact PSO Andrews. She sent him a

17 certified letter requesting his annual information. PSO Andrews refused to provide any

18 or acknowledge receipt of the letter. She sent PSO Andrews an interview notice on

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April 9, 2014 but never received a response from PSO Andrews.

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(33) PSO Andrews, by failing to follow the directives of a police officer and appear for

21 scheduled interview or reschedule an interview, violated Rule 4.03 of the Interim Rules and

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Procedures for Patrol Special Officers and Their Assistants. Any reasonable Assistant Patrol

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Special Officer must know that such conduct is cause for discipline and/or revocation of his

24 appointment. Rule 4.03 and 4.04 of the Interim Rules and Procedures for Patrol Special Officers

25 and Their Assistants, state:

-7 - In the Matter of PSO SAMUEL REYES

and PSO JOHN ANDREWS

1 4.03. ORDERS OF POLICE OFFICERS. Patrol Specials and Assistant

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Patrol Specials shall strictly obey and promptly execute the lawful orders ofpolice officers.

3 4.04. INVESTIGATIONS. Patrol Specials and Assistant Patrol Specials

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shall, when called upon by a police officer or by one specially assigned by lawful authority to conduct an investigation involving a police matter,

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truthfully answer all questions propounded. All reports, statements and declarations made orally or in writing in the foregoing matters shall

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contain the truth without evasion.

7 PENALTIES:

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(34) If the Specifications against PSO Reyes and PSO Andrews are sustained after trial

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by the Police Commission, the Department may recommend that the Commission revoke the

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appointments of PSO Reyes and PSO Andrews.

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BE

In the Matter of PSO SAMUEL REYES #262

and PSO JOHN ANDREWS #253€

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VERIFICATION

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I, GREGORY P. SUHR, declare under penalty of perjury that I am the complainant

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preferring the within SPECIFICATIONS, that I have read said SPECIFICATIONS, and that the

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matters alleged therein are stated on my information and belief, and that I believe them to be

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Executed at San Francisco, California this 1 tri, day of August, 2015.

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lei 1.11 Law- Wei a wool

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In the Matter of PSO SAMUEL REYES

and PSO JOHN ANDREWS

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CITY AND COUNTY OF SAN FRANCISCO

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STATE OF CALIFORNIA

3 In the Matter of

4 SAMUEL REYES and

) SPECIFICATIONS

5 JOHN ANDREWS,

File Number ALW TAD #2014-0051

PROOF OF SERVICE Patrol Special Officers,

6 of CHARGES

Star Numbers 2623 & 2536

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8 Accused. )

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I, declare as follows:

11. I personally served the attached SPECIFICATIONS in the above entitled matter on

Patrol Special Officer Samuel Reyes 42623 and Patrol Special Officer John Andrews #2536, on 12

this day of August, 2015, by showing the original to and delivering a copy to said Officer at 13

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I declare under penalty of perjury that the foregoing is true and correct and this 15

declaration is executed on the day of August, 2015, at San Francisco, California. 16

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22 Filed in the Office of the Police Commission, City and County of San Francisco

23 this day of August, 2015.

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Secretary to the Police Commission. 25

-10 - In the Matter of PSO SAMUEL REYES #262

and PSO JOHN ANDREWS #253

(Print the Name of the Officer Serving

(Signature) the Charges)

A Police Officer of the City and County of San Francisco, Star Number