A nearly monthlong dust-up over a police commissioner’s seat ended with the San Francisco Board of Supervisors voting to remove Max Carter-Oberstone, an ardent advocate of law enforcement reform, from his role on the oversight body.
In a 9-2 vote Tuesday — with supervisors Myrna Melgar and Jackie Fielder opposing — the board removed Carter-Oberstone just weeks after Mayor Daniel Lurie’s Feb. 4 request for the commissioner’s ouster. In a subsequent vote, supervisors unanimously appointed Lurie’s nominee, former federal prosecutor Wilson Leung, in his stead.
Carter-Oberstone, whom former Mayor London Breed nominated in late 2021, fell out of her favor by refusing to push for her policy recommendations and revealing her practice of forcing appointees to sign undated resignation letters. While on the commission, Carter-Oberstone called for tackling police misconduct and racial profiling.
The commissioner’s critical perspective of the San Francisco Police Department contrasts with Lurie’s call for more law enforcement. Additionally, Lurie created a committee during last year’s March primary to support Proposition E, a voter-approved measure that loosened rules surrounding vehicle pursuits and surveillance technology and drew the ire of police reform advocates.
In an interview Tuesday, Carter-Oberstone blasted Lurie for trying to make commissioners “do as they’re told.” During his time on the police oversight body, Carter-Oberstone often disagreed with his moderate colleagues and the mayor’s office.
“It indicates a lack of respect for our city’s founding [charter] and for our city’s system of government,” he said. Carter-Oberstone also said the lack of explanation for his removal flies in the face of the promises of transparency Lurie made while on the campaign trail.
“There’s a big difference between campaigning and governing, and Daniel Lurie doesn’t have a track record in public life, in public office, and so the public’s getting to see what kind of leader he is,” Carter-Oberstone said.
The former commissioner delivered a 10-minute speech at Tuesday’s hearing, saying his job is “not to become popular with the agency I’m supposed to be overseeing [but to] protect and defend the rule of law.”
Dozens of public commenters at the hearing defended Carter-Oberstone, including representatives of the American Civil Liberties Union and organizations advocating for criminal justice reform.
“Why would a police commissioner be a road block to Mayor Daniel Lurie’s plans?” one commenter asked. “Public safety is Max Carter-Oberstone. He has stopped the violence coming from within our own halls of justice.”
Some defended Lurie’s move to unseat Carter-Oberstone.
“The mayor has the right to have his picks,” said Marie Hurabiell, executive director of ConnectedSF. “No mayor has to honor the previous administration. It is completely procedural and completely within the bounds of the law.”
Carter-Oberstone said he met with Lurie’s chief of staff, Staci Slaughter, in late January and asked about rumors of his removal. He said Slaughter told him a decision had not yet been made.
Lurie has not provided a reason for the ouster other than emailing the city clerk: “I look forward to nominating a new commissioner in the near future who will work collaboratively to make our city safer.”
The move has raised questions about whether Lurie is trying to get a firmer grip on naming an eventual replacement for SFPD Chief Bill Scott. Lurie has already replaced multiple department heads, including the fire chief and director of the Department of Public Health. The mayor has the power to remove the chief; commissioners would pick three nominees from whom Lurie would choose a replacement.
“Many have speculated that he needs more commissioners who will put whatever name he wants on that list of three,” Carter-Oberstone said.
The mayor’s office did not respond to a request for comment about the board’s decision Tuesday. In an emailed statement, Lurie touted Leung as an important asset for advancing his agenda at City Hall.
“Throughout the government, we are appointing leaders who will work with fellow commissioners and departments to deliver better services for our city,” Lurie wrote, “and Wilson’s decades of work in compliance and oversight will make him an asset as we work together to protect San Franciscans.”
Joe Fitzgerald Rodriguez contributed reporting.