After the resignation of Theresa Sparks , a transgender woman, from the city's Police Commission this summer in order to take a city job as executive director of the Human Rights Commission, the seat traditionally designated for the LGBT community was left up for grabs. Now 13 applicants, at least six of whom are openly gay, are vying for the post, with two out gay men seen as leading candidates to serve on the oversight panel.

Former Assistant District Attorney James Hammer , who once served on the Half Moon Bay police force, and Robert Retana, an attorney in the office of the general counsel for the state court system, have emerged as the applicants to watch when the Board of Supervisors' Rules Committee takes up the vacancy at its meeting today (Thursday, November 5) at City Hall.

The commission helps set policy for the police department and hears complaints against individual officers. As its former president, Sparks led the recent effort to hire a new police chief, George Gasc—n .

Supervisor Chris Daly, one of three members on the Rules Committee, is publicly backing Hammer, who has his own law firm in town and provides legal commentary for the local Fox affiliate, KTVU. Daly said he is looking to beef up the Police Commission's leadership and believes Hammer would be the best person for the job.

"I think Jim will bring a certain amount of gravitas to the commission. The commission has been relatively weak and hasn't stood firm, especially on discipline cases," Daly told the Bay Area Reporter this week. "I think he will be able to get things done and make things happen."

Openly gay Supervisor David Campos , a former police commissioner who chairs the Rules Committee, said he is remaining neutral until he hears from all of the candidates at today's hearing.

"I want to give everyone an opportunity to make their case. I think we have a solid group of candidates and a number of them would do an excellent job," Campos told the B.A.R.

But Campos did acknowledge he wants to see an LGBT person fill the vacancy. He is believed to be favoring Retana, who would be the only LGBT person on the police panel and the second Latino commissioner.

Supervisor Michela Alioto-Pier, the third committee member whose vote usually is overridden by her progressive colleagues, finds herself in the rare position of potentially being the deciding vote if Campos and Daly split on whom to nominate to the full board.

She told the B.A.R. that other than wanting to see an LGBT person appointed she had not settled on a preferred candidate.

"I think that is an important qualification that we look for," she said. "Other than that there are a lot of strong candidates."

Hammer, 48, has the highest profile of all the applicants. He headed up the city's successful prosecution of the infamous dog mauling case, which stemmed from the 2001 death of lesbian lacrosse coach Diane Whipple.

He later went on to be a legal analyst for the Fox News cable channel, doing on-air commentary about the high profile Scott Peterson and Michael Jackson criminal trials. He had worked for a time in the law offices of Matt Gonzalez , the former supervisor and mayoral candidate who ran for vice president last year.

"I watched Theresa Sparks's work and admire her and the work she did. I thought about it and thought it was something I could really contribute to," Hammer said about the Police Commission post.

At 18 Hammer joined the Half Moon Bay police force. He later became a Jesuit priest, smuggling medicine across the Mexican border he then distributed to immigrants, and taught in a predominantly African American high school in Los Angeles.

He earned his law degree, taught at law school, and worked in a legal clinic helping immigrant clients. He is a death penalty opponent and supports the recent board-adopted law that restricts the turning over of illegal immigrant youth to federal authorities until after they have been convicted of crimes.

Having worked on both sides of the criminal justice system he would bring a distinct voice to the Police Commission, argued Hammer.

"I haven't just worked as a lawyer, I actually have been a cop. It is a really unique perspective," he said.

Asked if he planned to use his perch from the commission, should he be selected, to launch a run for district attorney, Hammer said he isn't thinking in such political terms.

"I am right now focused on this. I have wanted to do it for quite some time," said Hammer. "I have made no decision whatsoever on running for district attorney. The job is occupied right now."

Retana, 47, also has a varied background in law enforcement. He, too, worked as an assistant district attorney, though at a different time than Hammer, and has been involved with various legal groups focused on the Latino community.

Having grown up in Boyles Heights in East Los Angeles, Retana said he understands the day-to-day interactions between the police and ethnic communities.

"I know what it is like to grow up in the inner city dealing with the police and I worked with the police as an assistant district attorney," said Retana, who would not disclose if he had lined up any support from supervisors. "I would bring unique perspective to the commission."

He also supports the city's sanctuary city policies, but at the same time, wants to ensure that the police can do their jobs.

"I want to make sure we give police officers the tools to do their job while preserving people's constitutional rights," said Retana.

Another applicant who has considerable support among the LGBT community is David Waggoner, 34, a lawyer who serves on the Harvey Milk LGBT Democratic Club's board. He was former Supervisor Tony Hall's lawyer during hearings in 2008 on Hall's misuse of campaign finances before the city's Ethics Commission.

While living in Louisville, Kentucky, Waggoner served on a mayoral panel that looked at reforms for that city's police department and guidelines for use of force by officers.

In 2002 he graduated from the Golden Gate University Law School and has worked for several nonprofit agencies. He currently represents people pro bono with cases before the Oakland Citizen's Police Review Board.

"I applied because I think the commission really needs a progressive voice to speak on behalf of people who are from traditionally marginalized communities in San Francisco," said Waggoner. "I knew it would be a long shot. A lot of it is politics and a lot of it is being in the right place in the right time. I will support whomever the board appoints."

Also seeking the post are John Caldera , a gay man on the city's veterans affairs commission, and Morgan Gorrono, the openly gay president of the city's civil services commission. Both applied for the commission after Campos resigned last December to join the board. Neither could be reached for comment this week.

The sixth out candidate is Gary Converse , 46, a semi-retired taxi driver. Converse, who is disabled and running to replace Daly as District 6 supervisor next year, said he has always had an interest in police issues and volunteered with the Talent, Oregon police department.

"I want to make sure the police commission and police services in San Francisco remain equally comfortable for all citizens and to visitors alike, regardless of their sexual orientation," he said.

Among the non-LGBT applicants are DeWitt Lacy , a lawyer running to be District 10 supervisor; Lonnie Holmes, who ran for mayor in 2007; Taxi Cab Commissioner Arthur Tom; Veterans Affairs Commissioner James Guglielmoni ; and Solano County Public Defender Amanda Inocencio. Self-nutrition specialist Andre Bolaffi and Arturo Sandoval have also applied for the vacancy.

The Rules Committee meets at 10 a.m. inside Room 263 at City Hall.

Web Extra: For more queer political news, be sure to check http://www.ebar.com Monday mornings around 10 a.m. for Political Notes, the notebook's online companion. This week's column looks back on a political loss for SF's LGBT community Election Night 1989.

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Got a tip on LGBT politics? Call Matthew S. Bajko at (415) 861-5019 or e-mail mailto:.