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Lurie makes bold play to cut controversial police commissioner

The mayor is taking steps to remove Max Carter-Oberstone, who proved to be a thorn in London Breed's side.

A man in a striped shirt stands on a rooftop with a city skyline in the background, featuring the Transamerica Pyramid under a clear blue sky.
San Francisco Police Commissioner Max Carter-Oberstone has been told he may be ousted. | Source: Nick Otto for The Standard

Mayor Daniel Lurie is taking steps to remove a police commissioner who proved to be a thorn in the side of the previous mayor and has consistently called attention to issues of police misconduct and racial profiling.

Max Carter-Oberstone, an attorney who was appointed to the Police Commission in late 2021, received an email Tuesday from Staci Slaughter, the mayor’s chief of staff, informing him that he would no longer be needed. 

In an email informing the city clerk, Lurie wrote: “I appreciate Commissioner Carter-Oberstone’s service to the city. I look forward to nominating a new commissioner in the near future who will work collaboratively to make our city safer.”

Reached by phone Tuesday afternoon, Carter-Oberstone said he was surprised to receive the email informing him of his potential ouster.

“I don’t know any more details than you do right now,” he told The Standard. “What I can just say is that I’m very proud of my record with the Police Commission. I think I’ve always acted with integrity and done what’s in the best interest of the public without regard to politics.”

Quickly into his term, Carter-Oberstone enraged former Mayor London Breed by refusing to go along with her preferred policies, as well as outing her practice of forcing appointees to sign undated resignation letters. The practice ended after first being reported by The Standard.

Lurie’s bold political play will need to be approved by a majority of the Board of Supervisors after going to the rules committee. However, President Rafael Mandelman has the ability to sidestep the committee and take it directly to the full board.

Sources close to the situation said the mayor’s office is confident it has the votes, and Mandelman confirmed to The Standard that he supports the decision to remove Carter-Oberstone. 

“I plan on making the case to the board and the public on why I deserve to finish my term,” Carter-Oberstone said. 

Lurie’s reasons for removing Carter-Oberstone could be two-fold. In one respect, the commissioner has routinely sparred with the mayor’s office and more moderate-leaning colleagues. Carter-Oberstone also could be seen as an impediment to Lurie taking control of the commission and enacting changes across the San Francisco Police Department.

Sources have told The Standard that Lurie has considered firing SFPD Chief Bill Scott. City rules allow the mayor to make that decision unilaterally, but only the Police Commission has the authority to put forward three candidates as permanent replacements, which would give Lurie the final call on who to hire.

Carter-Oberstone’s ouster would potentially pave the way for Lurie to have greater control to dictate who the police commission would submit as Scott’s permanent successor. A police spokesperson was not immediately available for comment.

Mandelman told The Standard he supports Carter-Oberstone’s removal but would like to see Scott remain on as chief.

“Being the chief of police in the city and county of San Francisco means you’re going to be blamed by half the people for doing too much and by half the people for not doing enough,” Mandelman said. “[Scott] is an extraordinary public servant.”

This story will be updated.