SAN RAFAEL, Calif. — Public commenters urged the San Rafael Police Accountability Committee on Jan. 11 to demand greater transparency from city officials and the San Rafael Police Department after a state arbitrator overturned the departments termination of Officer Brandon Nail.

The matter drew sustained public comment at a special morning meeting of the Police Accountability Committee, where Chief Spiller summarized the administrative and legal timeline. "The arbitrator has rendered his decision and the city will follow that decision," Chief Spiller said, adding that the arbitrators ruling did not resolve a pending criminal prosecution.

The arbitrator issued a written ruling on Dec. 16 reversing the police chiefs termination of Nail; the city says it was notified Dec. 21. Chief Spiller told the committee the departments independent investigation, begun in July 2022, found policy violations and that the chief had sought termination. Nail exercised internal appeal rights and binding arbitration; the arbitrator sided with Nail and ordered reinstatement. Chief Spiller said Nail has not returned to duty while a separate criminal prosecution proceeds and while Peace Officer Standards and Training (POST) certification and department policy conditions keep him inactive.

The legal and administrative sequence prompted repeated public criticism at the meeting. Nikki Silverstein, a reporter with the Pacific Sun, said she received a tip about Nails reinstatement and that city staff delayed providing a statement. "The city has kept a secret that Brandon Nail ... participated in a use of force incident," Silverstein said, and she accused officials of delaying public notice while preparing internal messaging.

Other commenters called for revisiting binding arbitration provisions, strengthening committee bylaws, and more proactive transparency. Jason (a Gerstel Park resident) urged the committee to "denounce this rehire" and asked members to use their positions to speak out even though the committee does not have the authority to enact personnel decisions. Lisa Doring summed up a view heard from several speakers: "Our trust is gone," she said.

City staff warned the committee against making statements about the specific officer case while criminal proceedings are pending. In response to requests that committee members speak or issue collective statements about Nails reinstatement, a city staff member said the city attorney advised: "to not make a specific statement regarding the officer case, at this time." General discussion of transparency and police-department practices, the staff member said, remains within the committees remit.

Why it matters: The arbitrators reinstatement followed an internal investigation that found policy violations and comes amid public scrutiny of the departments handling of a recorded use-of-force incident. Commenters told the committee that delays or limited public notice have eroded trust and called for the PAC to press for clearer timelines and more routine disclosure of relevant administrative findings.

The committee did not take formal disciplinary action or a vote on the case. Later in the meeting the committee placed "transparency" among seven priority topics for its 2025 work plan, a step staff said will shape future agendas and presentations.

Whats next: Staff said the PAC may consider presentations and agenda items about transparency and related processes during 2025; the committee also heard that matters tied to a pending criminal prosecution are constrained by legal advice and therefore cannot be the subject of a formal committee statement at this time.