In San Francisco, Trans Policy Plays A Role in Sheriff's Election

San Francisco Sheriff Ross Mirkarimi's plans to stop classifying transgender inmates who haven't had surgery according to their birth sex have raised criticism from people in his department and has become an issue as he tries to hold onto his job.

Mirkarimi, who's in a tough race against retired sheriff's captain and former interim sheriff Vicki Hennessy in the November 3 election, made his policy announcement in June. He also plans to allow transgender women inmates to participate in women's classes in the jail.

Hennessy supports the policy update as long as there are elements such as training and buy-in from staff.

"One of the most challenging issues concerns searches, and who will conduct them. The best practice recommendation is that agencies permit transgender individuals to make a choice at admission to be searched by male or female officers. This is a historical change of policy, as well as working conditions, and in order to move this policy forward, the administration must work with the staff in a way that stresses communication, transparency, education, and the dignity of the trans jail population," Hennessy said in a statement released this month.

She said she's "concerned" that Mirkarimi chose to "change policy by issuing a press release" in September, "especially before meeting with and discussing the policy with those who are charged with its implementation ... "

"In my experience, I have always found that it is vital to engage staff at the beginning for successful and safe policy change, as those are the individuals who will be responsible and accountable for following policies on a daily basis," Hennessy stated.

Mirkarimi didn't respond to emailed questions from the Bay Area Reporter for this story, including a question as to whether the trans housing policy has been finalized, as the B.A.R. reported in September. On September 10, Mirkarimi issued a news release indicating the programming aspect of the transgender policy was finalized and that the housing component was expected to be finalized by the end of the year.

But in an editorial meeting with the B.A.R. in early October, Hennessy said the policy was not finalized.

In response to emailed questions in June, the sheriff, who had been working with transgender advocates and members of his staff long before he made his announcement that month, said that "prior to housing changes, a meet-and-confer will happen as required."

The Deputy Sheriffs' Association, which is backing Hennessy, has recently told Mirkarimi that it has "significant concerns" about his plans and wants to meet with his office before "any final decisions" are made.

Mirkarimi's proposal would mean that trans women would no longer be housed with men. The same would be true for transgender men, but the jail population generally sees more trans women inmates.

The sheriff has said that he hopes to start making the housing move before the end of the year.

In June, DSA President Eugene Cerbone, a gay man, told the B.A.R. that he thinks Mirkarimi's plan "can work," but "it just depends on what the policy is and what he's going to do. There could be some issues with it."

One problem Cerbone has is that he doesn't consider people who have not had surgery to be transgender.

"Transgender is you have the surgery," he said. "What I know of someone who's actually transgendered [sic] is they've had the complete change."

Cerbone did not respond to a message seeking comment for this story.

Hennessy has told the B.A.R. she disagrees with Cerbone's statement about genitalia defining someone's transgender status.

Union Complaints

Some have been complaining about how Mirkarimi's plans have been unfolding.

In a September 4 letter to Mirkarimi, Peter A. Hoffman, an attorney representing the DSA, echoed Hennessy's comments about staff buy-in and other matters.

Hoffman wrote, "While the association genuinely appreciates the department's interest in respecting and accommodating the transgender community, the anticipated change" that would be brought by the housing policy "constitutes a significant change in working conditions that raises significant concerns" related to officers' and inmates' safety, among other worries.

He added that his message served as the association's "demand to meet and confer in good faith prior to the department making any final decisions relative to the proposed transgender classification policy." He also requested all documents the sheriff's department has "concerning the housing and classification of transgender inmates."

In a September 14 letter, Hoffman complained that while the sheriff's department hadn't responded to his records request, "it has come to the SFDSA's attention that you have elected to share the department's plans with various media outlets, including the Huffington Post and the San Francisco Examiner."

(It's not clear why the DSA attorney expressed surprise about the plans when the organization's president had talked to the B.A.R. about them three months beforehand.)

Hoffman included the Huffington Post and Examiner stories with his letter.

On September 28, Undersheriff Federico Rocha responded to Hoffman's letters and indicated the sheriff's department doesn't intend to sidestep the DSA.

"Insofar as the meet and confer demand, the department agrees that once the draft policy on housing of the transgender inmates is completed, we will notice the DSA so that we can move collaboratively to finalize those policies with the DSA's input," Rocha said.

However, he added, "the only implementation of any aspect related to transgender inmates is allowing them to attend programs available to other inmates and does not involve housing. The moving of inmates is a part of deputies' normal duties and is not a change to working conditions and therefore [there is] no need to meet and confer."

Rocha was dismissive of the news stories Hoffman had referred to, which described Mirkarimi's housing plans.

"I would remind the association that many articles are written with various interpretations, assumptions, etc.," he said, without saying either of the articles had been inaccurate.

"Again, we look forward to working with the DSA on the transgender policy at the appropriate time and will keep the DSA informed as this progresses," Rocha said.

He also said that Hoffman needed to file an "official" public records act request with Mark Nicco, assistant legal counsel for the sheriff's department.

In response to a B.A.R. email this week, Nicco said the department "has received a public records request concerning those issues," and "I am in the process of responding to that request."

In an ad that the DSA has been running in the B.A.R. , the organization said, "Mirkarimi claims to be pro-gender non-conforming and transgender, but two years ago he closed the only full service program unit in the nation dedicated to individualized treatment and re-entry for gender nonconforming, gender queer and transgender inmates."

Mirkarimi's campaign hasn't offered the B.A.R. any rebuttal to the ad.

John C. Robinson, a retired sheriff's deputy who now owns a private security company, is also in the race.

The B.A.R. endorsed Hennessy earlier this month.