january 4. 2017 regular meeting the police commission … · january 4. 2017 regular meeting the...

JANUARY 4. 2017 REGULAR MEETING

The Police Commission of the City and County of San Francisco met in Room 400, City Hall, #1 Dr. Carlton B. Goodlett Place, San Francisco, at 5:30 p.m.

PRESENT: Commissioners Turman, Marshall, Mazzucco, Melara, Hing ABSENT: Commissioners Loftus, Deiesus

Commissioner Mazzucco announced that tonight's meeting will be adjourned in honor of former Police Officer Dennis Cashman, #955, who also worked as an assistant District Attorney in the DA's office.

CONSENT CALENDAR - Request of the Chief of Police for approval to accept donation of $320.00 from

Boston Properties to outfit Central Station Officers who volunteered at the annual Make-a-Wish Foundation Event "Brave the Bay."

- Request of the Chief of Police for approval to accept donation of $700.00 from Boston Properties for Central Station's Floral Fund

PUBLIC COMMENT

Motion by Commissioner Turman, second by Commissioner Mazzucco. Approved 5-0.

RESOLUTION NO. 17-1

APPROVAL OF THE REQUEST OF THE CHIEF OF POLICE TO ACCEPT DONATION OF $320.00 FROM BOSTON PROPERTIES TO OUTFIT CENTRAL OFFICERS WHO VOLUNTEERED AT THE ANNUAL MAKE-A-WISH FOUNDATION EVENT, "BRAVE THE

RESOLVED, that the Police Commission hereby approves the request of the

Chief of Police to accept donation of $320.00 from Boston Properties to outfit Central

Officers who volunteered at the annual Make-A-Wish Foundation event, "Brave the Bay."

AYES: Commissioners Turman, Marshall, Mazzucco, Melara, Hing ABSENT: Commissioners Loftus, Deiesus

RESOLUTION NO. 17-2

APPROVAL OF THE REQUEST OF THE CHIEF OF POLICE TO ACCEPT DONATION OF $700.00 IN GIFT CARDS FROM BOSTON PROPERTIES FOR THE CENTRAL STATION'S FLORAL FUND


Chief of Police to accept donation of $700.00 in gift cards from Boston Properties for the Central Station's Floral Fund.

AYES: Commissioners Turman, Marshall, Mazzucco, Melara, Hing ABSENT: Commissioners Loftus, Deiesus

REPORTS AND ANNOUNCEMENTS a. Chief's Report (This item is to allow the Chief of Police to report on recent Police Department activities, including major events and weekly crime trends, and make announcements.) - Update on the Department's Holiday Season Community Engagement - Presentation on the Department's Notifications & Response Protocols in

Homicide Cases - Presentation of the 2016 3rd Quarter Firearm Discharge Review Board and

Recommendations and Status of Officer-Involved-Shooting Investigations

Chief Chapman spoke of the Holiday Season community engagement video.

Chief Chapman then gave a brief update on crime statistics. The Chief spoke about

recent two homicides and shootings.

Captain Alexa O'Brien, Major Crimes Unit, presented the Department's notifications and response protocols in homicide cases. Captain O'Brien reported that

there were 58 total homicides for 2016 with 31 arrest of the 58 homicides which is a 53 percent clearance. The Captain then went on to answer questions presented by the

Commission at prior meeting.

Sergeant Eric Altofer, Internal Affairs Division, presented the 3rd Quarter Firearm

Discharge Review Board and status of 015 investigations.

b. 0CC Director's Report (This item is to allow the Director to report on recent 0CC activities and make

announcements.) - Report regarding Evaluation of 0CCs Investigation Process

Director Hicks had no recent activities to report. She went on to introduce

Deputy Director Baltazar who presented the report regading evaluation of OCC's

investigation process.

C. Commission Reports - Commission President's Report - Assignment of Commissioners to oversee clusters of the Reform - Commissioners' Reports

Ms. Rania Adwan, Sr. Policy Analyst, discussed the assignment of Commissioners

to oversee clusters of the reform.

d. Commission Announcements and scheduling of items identified for consideration at future Commission meetings

Commissioner Melara spoke of internal rules and procedures and spoke of

concerns of election of officers and proposed to have an item on the agenda to suspend

the rules and continue with officers until May in that way we will be on a year cycle.

Another item is a retreat in the agenda.

Commissioner Mazzucco spoke of mental health crisis calls for service and find

out what other agencies are doing to figure out best practice, impact in San Francisco

that medical profession is not doing their job. (Sometime in February)

Commissioner Melara would like "Safe Place" put on the agenda.

PUBLIC COMMENT Jackie spoke of concerns about 0CC. John Jones spoke of how he is dissatisfied with how the Commission has

conducted the meeting. Helenia Brooks spoke of the Safe Place Initiative.

Karen Fleshman spoke of OCC's effectiveness. Sherita Holmes spoke of the Chief's Report and spoke of the change due to the

work of Chief Chaplin. Ms. Paulette Brown played a video regarding homicides in the city. Richard Hack stated "our police are dedicated public servants in all areas of city

life, and we know that many suffer the casualties of war. We've voted for better

salaries and pensions. Their average pension now is 50% more than other city workers.

Our retirement fund is healthy, but the Board has just begun to invest in hedge funds -

the first investment whose details won't be made public. Currently the vote is 5-2 in

favor- it was 6 to 1— but an unqualified police retiree with a vicious campaign of lies in trying to unseat a highly qualified and dedicated incumbent who opposes hedge funds.

The challenger could give police and fire 4 of the 7 votes on the board. Consider what happened to the retirement fund in Dallas. To spare city workers and taxpayers a lot of

grief, we urge all actives and retirees to vote for the incumbent." Barbara Attard commended Director Hicks on having the report done.

Joanna D'Amato spoke of invoice presented to the department regarding items

seized.

APPROVAL OF THE AWARDS COMMITTEE RECOMMENDATIONS

Motion to put this item over for next meeting.

PUBLIC COMMENT

None

PUBLIC COMMENT Ms. Paulette Brown spoke of her son's homicide which will make it 11 years and

she is still asking for justice concerning her son Aubrey Abrakasa.

PUBLIC COMMENT ON ALL MATTERS PERTAINING TO CLOSED SESSION

None

VOTE ON WHETHER TO HOLD CLOSED SESSION

Motion by Commissioner Melara, second by Commissioner Mazzucco. Approved

6-0.

CLOSED SESSION (7:50p.m. - 8:53 pm)

Pursuant to Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d)(1): CONFERENCE WITH LEGAL COUNSEL- Existing Litigation San Francisco Police Officers Association v. San Francisco Police Commission etal., Superior Court of California, Case No. 16-515408, filed December 20, 2016 (PRESENT: Commissioner Turman, Marshall,, Mazzucco, Melara, Hing, Chief Chaplin, Deputy Chief Sainez, Deputy City Attorney Cabrera, Deputy City Attorney Katie Porter,

Deputy City Attorney Trevor Koski, Sgt. Kilshaw, Risa Tom, Rania Adwan)

Pursuant to Government Code Section 54957(b)(1) and San Francisco Administrative Code Section 67.10(b) and Penal Code Section 832.7 PERSONNEL EXCEPTION: Status and calendaring of pending disciplinary cases PRESENT: Commissioners Turman, Marshall, Mazzucco, Melara, Hing, Chief Chaplin,

Deputy Chief Sainez, Sgt. Kilshaw, Risa Tom, Rania Adwan)

OPEN SESSION (8:53 pm)

VOTE TO ELECT WHETHER TO DISCLOSE ANY OR ALL DISCUSSION HELD IN CLOSED

Motion by Commissioner Mazzucco, second by Commissioner Marshall for non-

disclosure. Approved 6-0.

ADJOURNMENT

Motion by Commissioner Mazzucco, second by Commissioner Melara to adjourn the meeting in honor of former Police Officer and former Deputy District Attorney

Dennis Cashman. Approved 6-0.

Thereafter, the meeting was adjourned at 8:55 p.m.

Sergeant Rachael Kilshaw

Secretary San Francisco Police Commission

JANUARY 11, 2017 REGULAR MEETING

The Police Commission of the City and County of San Francisco met in Room

400, City Hall, #1 Dr. Canton B. Goodlett Place, San Francisco, at 5:30 p.m.

PRESENT: Commissioners Loftus, Turman, Marshall, Deiesus, Mazzucco, Hing

ABSENT: Commissioner Melara

Commissioner Loftus announced that tonight will be her last Commission

meeting. She went on to talk about Officer Molver of the Airport Bureau who passed

away last weekend.

REPORTS AND ANNOUNCEMENTS a. Chief's Report (This item is to allow the Chief of Police to report on recent Police Department activities, including major events and weekly crime trends, and make announcements.) - Update from the Professional Standards Bureau in regards to Collaborative

Review Status and Implementation of High Priority Recommendations - Presentation of the Safe Streets for All Quarterly Report, 3rd Quarter 2016

Chief Chapman spoke of an officer who was honored for saving a young man's

life by applying a tourniquet to stop the bleeding, The Chief also gave a brief update on crime stats and homicide stats year to date. The Chief also reported on a recent officer-

involved shooting and announced that the town hail meeting will be tomorrow at 6

p.m., at the Minnie Ward Recreation Center, 650 Capitol.

Captain Connolly presented the Professional Standards Bureau update in

regards to the Collaborative Review Status and Implementation of High Priority

Recommendations.

Commander O'Sullivan presented the Safe Streets for All Quarterly Report, 3rd

Quarter 2016.

Kathy Deluca, Walk SF, thanked Commissioner Loftus for her support of Vision

Zero and urged the Commission for their continued support. She went on to commend

Commander O'Sullivan, the Captains, and officers for their hard work.

b. 0CC Director's Report (This item is to allow the Director to report on recent 0CC activities and make announcements.)

Director Hicks have no recent activity report this evening.

C. Commission Reports - Commission President's Report - Commissioners' Reports

Commissioner Loftus said thanked the Commissioners and the staff of the

Commission and went on to thank her mom and her three girls.

Supervisor Tang thanked Commissioner Loftus for her service.

Commissioner Mazzucco thanked Commissioner Loftus for her leadership in the

Commission.

Director Hicks thanked Commissioner Loftus for her leadership.

Commissioner Marshall commended Commissioner Loftus for her leadership.

Commissioner Deiesus thanked Commissioner Loftus for her hard work and

dedication.

Chief Chaplain spoke of the last two years and how hard it's been for the

Department and thanked her for her work with the Commission.

Commissioner Hing thanked Commissioner Loftus.

Commissioner Turman thanked Commissioner Loftus for setting such a high bar

and commended her for her being such a great president and a wonderful friend.

Commissioner Loftus' mother addressed the Commission and commended her

for her hard work.


Commissioner DeJesus asked about the EIS which will be on the agenda for

February V.

PUBLIC COMMENT

Sheryl Davis thanked Commissioner Loftus for the role she played in hearing

community voices and engaging young people in community service. Morgan Tucker thanked Commissioner Loftus for her help and everything that

she's done. Anthony thanked Commissioner Loftus for her help in getting involve with public

service. James thanked Commissioner Loftus for her friendship and all the hard work.

Sudi Skull, Bernal Heights, spoke of how someone broke into her house and

spoke of crimes around the neighborhood and asked for more police coverage and requested that Bernal Heights be part of the Mission District instead of Ingleside.

Erica Young, Bar Association, spoke for Julie Traun, to acknowledge

Commissioner Loftus for her hard work. David Salaverry acknowledged Commissioner Loftus for her work with the use of

force policy and the selection of an outside chief. Clyde addressed the Chief, Director Hicks, and Commissioner Loftus and spoke

of the POA. John Crew commended Commissioner Loftus for encouraging him to come and

show up and went on to talk about the collaborative review. Tom Silhorst spoke of concerns about the POA and spoke of how there is still

more to be done. Ms. Paulette Brown thanked Commissioner Loftus for helping her recognize her

son and how sad she is to see her leave. John Jones spoke of his regret at the leaving of Commissioner Loftus and spoke

of how welcoming she is to speakers. Ms. Bryant thanked Commissioner Loftus for her work and for helping to keep

kids safe. She went on to thank Chief Chaplin.

PRESENTATION OF THE SFPD/OCC REPORT ON GENERAL ORDERS/POLICY PROPOSALS

"SPARKS REPORT," QUARTER 2016 Taken out of order.

Ms. Samara Marion presented the SFPD/OCC Report on General Orders/Policy

Proposals "Sparks Report, 3'd Quarter 2016.

Captain Connolly gave a brief overview.

PUBLIC COMMENT

None

APPROVAL OF THE AWARDS COMMITTEE RECOMMENDATIONS

Commissioner Turman spoke of specific questions posed by Commissioner

DeJesus about individuals on the list.

Commissioner Mazzucco spoke of reviewing the list of Medal of Valor recipients

and statedthat these members do not have any pending issues of misconduct with the Office of Citizen Complaints and the Internal Affairs Division.

PUBLIC COMMENT John Crew spoke about personnel records.

Motion by Commissioner Mazzucco, second by Commissioner Marshall to

approve the Awards Committee Recommendations.

AYES: Commissioner Loftus, Turman, Marshall, DeJesus, Mazzucco, Hing


Motion by Commissioner Turman to award Officer Aleman a Gold Medal of

Valor instead of a Silver Medal. Second by Commissioner Hing

Captain Falvey went over the facts of the case regarding the incident involving

Officer Aleman.

PUBLIC COMMENT

None

AYES: Commissioners Loftus, Turman, Marshall, DeJesus, Mazzucco, Hing

RESOLUTION 17-3

AWARDS GRANTED TO MEMBERS OF THE POLICE DEPARTMENT

WHEREAS, the following named members of the Police Department are commended for courageous service under the provisions of General Order 3.09, Section

l.A.1 of the San Francisco Police Department, as approved by the Awards Committee on

October 4, 2016; and

WHEREAS, Interim Chief of Police Toney D. Chaplin has recommended to the

Police Commission that the said members be rewarded under the provisions of Section 8.405(a)(4) of the Charter of the City and County of San Francisco; and

WHEREAS, Commissioner Thomas Mazzucco announced that members

recommended for Medals of Valor do not have any pending investigations at the 0CC

level or the Police Department level for any misconduct; and

WHEREAS, a motion by Commissioner L. Julius M. Turman to award Officer Arnaldo Aleman a Gold Medal of Valor instead of a Silver Medal of Valor was seconded

by Commissioner Bill Ong Hing was passed unanimously; therefore, be it

RESOLVED, that Officers Jared Harris and Arnaldo Aleman are hereby awarded the Gold Medal of Valor and granted rewards of $1,500.00, as provided for under said

section of the Charter; and be it further

RESOLVED, that Sergeant Kevin Byrne, Officers Gordon Moore, Jason Zimiga,

Chris Schaefer, Scott McBride are hereby awarded the Silver Medal of Valor and granted

rewards of $1000.00, as provided for under said section of the Charter; and be it further

RESOLVED, that Sergeant Patrick Kennedy, Officers Paul Ospital, Michael Franceschi, and Justin Sturm are hereby awarded Bronze Medals of Valor and granted

rewards of $500.00 each, as provided for under said section of the Charter.

AYES: Commissioners Loftus, Turman, Marshall, Mazzucco, DeJesus, Hing ABSENT: Commissioner Melara

ELECTION OF COMMISSION OFFICERS

Nomination by Commissioner Mazzucco, second by Commissioner Marshall for

Commissioner Turman to be President of the Commission.

PUBLIC COMMENT

None

AYES: Commissioners Loftus, Marshall, DeJesus, Mazzucco, Hing, Turman

Nomination by Commissioner Turman, second by Commissioner Marshall for

Commissioner Mazzucco to be Vice President of the Commission.

PUBLIC COMMENT

None

AYES: Commissioners Loftus, Turman, Marshall, DeJesus, Hing, Mazzucco

RESOLUTION NO. 17-4

ELECTION OF PRESIDENT OF THE POLICE COMMISSION

RESOLVED, that Commissioner L. Julius M. Turman shall serve as President of the San

Francisco Police Commission.

AYES: Commissioners Loftus, Marshall, DeJesus, Mazzucco, Hing, Turman


ELECTION OF VICE PRESIDENT OF THE POLICE COMMISSION

RESOLVED, that Commissioner Thomas Mazzucco shall serve as Vice President of the

San Francisco Police Commission.

AYES: Commissioners Loftus, Turman, Marshall; DeJesus, Hing, Mazzucco ABSENT: Commissioner Melara

PUBLIC COMMENT John Crew congratulated the new officers. He went on to talk about Donald

Trump and how the Commission should operate with the value of San Francisco and not

Donald Trump. He went on to talk about the recent officer-involved shootings and

comments made by the POA.


None


Motion by Commissioner, second by Commissioner. Approved 6-0.

CLOSED SESSION (7:50 p.m. - 8:40 p.m.)

Pursuant to Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d)(1): CONFERENCE WITH LEGAL COUNSEL— Existing Litigation San Francisco Police Officers Association v. San Francisco Police Commission et al., Superior Court of California, Case No. 16-515408, filed December 20, 2016 (PRESENT: Commissioners Loftus, Turman, Marshall, DeJesus, Mazzucco, Hing, Deputy

Chief Sainez, Deputy City Attorney Cabrera, Deputy City Attorney Trevor Koski, Sgt.

Kilshaw, Risa Tom, Rania Adwan)

Pursuant to Government Code Section 54957(b)(1) and San Francisco Administrative Code Section 67.10(b) and Penal Code Section 832.7: PERSONNEL EXCEPTION: Discussion and possible action to accept or reject settlement agreement filed in Case No. [AD 2015-0117, or take other action (PRESENT: Commissioners Loftus, Turman, Marshall, DeJesus,-Mazzucco, Hing, Deputy

Chief Sainez, Deputy City Attorney Lee, Sgt. Kilshaw, Risa Tom, Attorney Betz, Attorney

Pendergast, member involved)

(Taken in shorthand form by Ms. Anna Greenley, CSR., Roomian and Associates)

Pursuant to Government Code Section 54957(b)(1) and San Francisco Administrative Code Section 67.10(b) and Penal Code Section 832.7: PERSONNEL EXCEPTION: Status and calendaring of pending disciplinary cases PRESENT: Commissioners Loftus, Turman, Marshall, Deiesus, Mazzucco, Hing, Deputy

Chief Sainez, Sgt. Kilshaw, Risa Tom)

OPEN SESSION

VOTE TO ELECT WHETHER TO DISCLOSE ANY OR ALL DISCUSSION HELD IN CLOSED SESSION

Motion by Commissioner Mazzucco, second by Commissioner Marshall for non-


ADJOURNMENT

Commissioner Loftus asked for a motion to adjourn the meeting in honor of

Officer Steward Molver, Star No. 4100, who passed away suddenly last Sunday while on duty at the Airport Bureau. Officer Molver was born on October 24, 1963 in San

Francisco.

Motion by Commissioner Turman, second by Commissioner DeJesus. Approved

6-0.




JANUARY 18, 2017 REGULAR MEETING

The Police Commission of the City and County of San Francisco met in Room 400, City Hall, #1 Dr. Canton B. Goodlett Place, San Francisco, at 5:47 p.m.

PRESENT: Commissioners Turman, Mazzucco, Marshall, DeJesus, Melara, Hing

(Commissioner Marshall was excused 7:30 p.m.)

CONSENT CALENDAR - San Francisco Police Commission report of Disciplinary Actions, 4th quarter

2016

Motion by Commissioner Mazzucco, secondby Commissioner Marshall, Approved 6-0.

REPORTS AND ANNOUNCEMENTS a. Chief's Report (This item is to allow the Chief of Police to report on recent Police Department activities, including major events and weekly crime trends, and make announcements.) - Presentation of the Department's Collection and Analysis of Sexual Assault Kit

Evidence and Reporting of Results to Sexual Assault Victims Report, per Commission Resolution 16-28, adopted April 20, 2016

Chief Chapman spoke of the officer-involved shooting that occurred January 6, 2017. The Chief spoke of the press conference to show the body worn camera footage of the incident. The Chief then continued to give a brief update on crime statistics and upcoming events happening on Friday for the President's Inauguration.

Captain Mar and Captain Bailey presented the Department's Collection and Analysis of Sexual Assault Kit Evidence and Reporting of Results to Sexual Assault Victims Report.

b. 0CC Director's Report (This item is to allow the Director to report on recent 0CC activities and make announcements.) - Presentation of the OCC's Statistical Reports from November 2016, Summary

of Cases Received in November 2016, Mediation of Complaints in November 2016, Discipline Proposed by the Chief of Police in November 2016 in Complaints Sustained by the 0CC, and Comparative Statistical Reports from November 2015

- Presentation of the OCC's Statistical Reports from December 2016, Summary of Cases Received in December 2016, Mediation of complaints in December 2016, Discipline Proposed by the Chief of Police in December 2016 in Complaints Sustained by the 0CC, Police Commission Decision in December 2016 Complaints Sustained by the 0CC, and Comparative Statistical Reports from December 2015

Director Hicks announced that the 0CC is now the Department of Police Accountability. The Director then gave a brief summary of the November and December statistical reports.

C. Commission Reports - Commission President's Report

- Report on action taken in closed session for the appointment of Chief of Police pursuant to Cal. Govt. Section Code 54957.1(a)(5); Admin. Code Section 67.12(b)(4)

- Commissioners' Reports

Commissioner Turman spoke of the search for the Chief of Police and reported that the Commission voted unanimously to forward the name of William Scott to the Mayor.

Commissioner Turman then acknowledged Chief Chaplin and presented him

with a Certificate of Merit and Appreciation. Chief Chaplin then addressed the

Commission and the public.

Commissioner Marshall thanked and commended Chief Chaplin for stepping in

at a very difficult time.

Commissioner Mazzucco thanked Chief Chaplin for doing a great job and being a

great leader.

Commissioner Melara thanked Chief Chaplin for his honesty.

Commissioner DeJesus thanked Chief Chaplin for his hard work.

Commissioner Hing thanked Chief Chaplin for his hard work.

Commissioner Mazzucco spoke of attending the recruit graduation last Friday and spoke of attending the funeral of Officer Molver who passed away last Sunday.

Commission Announcements and scheduling of items identified for consideration at future Commission meetings

Commissioner Hing spoke of meeting with the authors of the report on theJoint Terrorism Task Force and spoke of a series of questions forwarded to the Chief.

Commissioner Hing requested that the JTTF discussion be agendized for the next open

meeting.

Sergeant l(ilshaw announced that there will be no meeting next week.

Ms. Rania Adwan, Policy Analyst, reported that there are two dates Friday, the

or Saturday, 25thof February for the retreat.

PUBLIC COMMENT John Crew thanked the Commission for scheduling the JTTF item for February

V. He stated that this issue has to be fixed before Donald Trump was president. He asked that the FBI be invited to attend the February 1t meeting.

Christina Singha, Staff Attorney Asian Law Caucus, spoke of the denial of the

rhetoric regarding the Muslim communities and spoke of concerns that the JTTF

ordinance is not being complied with and that the communities are troubled that

officers are not properly trained in working with the JTTF. David Salaverry spoke that he was also banned from the press conference and

that Karen Fleshman was also not allowed to go in. Karen Fleshman stated that she presented her identification as a blogger. She

went on to express concerns that no Commissioners were present at the town hall

meeting. She went on to talk about the officer-involved shooting. Unidentified addressed Chief Chaplin and stated that he would have no difficult

had Chief Chaplin been the permanent Chief.

PUBLIC COMMENT

Jim Salinas thanked Commissioner Turman for his help with recovering property and went on to thanked Deputy Chief Sainez for his help in the matter. He went on to

thank Chief Chaplin for giving his community respect. John Crew thanked Chief Chaplin for being direct with him and then went on to

talk about transparency regarding press credential issues. He said that the body cam

footage was directly contradictory to the statement put out by the POA. David Salaverry spoke of the body cam footage on the Moore case and spoke of

inconsistencies in the actions of the officers. He went onto speak about how the family

has not been able to visit Mr. Moore. Gilbert Berstein spoke of a Buzzfeed article regarding perjury by police and

spoke of firing officers who lie. Ms. Paulette Brown spoke of her son who was murdered on August 14, 2006

and spoke of poster being torn up.

Jackie spoke of her attendance at the press conference and viewed the video of

bodycam footage. Barbara Attard thanked Chief Chaplin for his service and asked questions about

the disciplinary report. Unidentified announced that the camp of protestors in front of City Hall in

regards to police.


Ms. Paulette Brown again asked for help.




Pursuant to Government Code Section 54956.7(b)(1) and San Francisco Administrative Code Section 67.10(b) and Penal Code Section 832.7: PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Chief of Police Review of findings and Chief's Decision to return or not return officers to duty following officer-involved shooting (OIS 17-001) (PRESENT: Commissioners Turman, Mazzucco, DeJesus, Melara, Hing, Deputy Chief

Sainez, Deputy City Attorney Cabrera, Sgt. Kilshaw, Risa Tom, Rania Adwan, Sergeant

Altofer)

Pursuant to Government Code Section 54957(b)(1) and San Francisco Administrative Code Section 67.10(b) and Penal Code Section 832.7: PERSONNEL EXCEPTION: Discussion and possible action to accept or reject settlement agreement filed in Case No. ALW lAD 2015-0208, or take other action (PRESENT: Commissioners Turman, Mazzucco, Marshall, DeJesus, Melara, Hing, Deputy

Chief Sainez, Deputy City Attorney Lee, Sgt. Kilshaw, Rise Tom, Attorney Worsham, Attorney Nobles, Captain Chignell, member involved) Token out of order

(Token in shorthand form by Ms. Anna Greenley, CSR., Room/an and Associates)

Pursuant to Government Code Section 54957(b)(1) and San Francisco Administrative Code Section 67.10(b) and Penal Code Section 832.7: PERSONNEL EXCEPTION: Status and calendaring of pending disciplinary cases PRESENT: Commissioners Turman, Mazzucco, Marshall, DeJesus, Melara, Hing, Deputy Chief Sainez, Sgt. Kilshaw, Risa Tom)


Motion by Commissioner Mazzucco, second by Commissioner Melara for non-


ADJOURNMENT

Motion by Commissioner Melara, second by Commissioner Mazzucco. Approved 6-0.




FEBRUARY 1, 2017 REGULAR MEETING

The Police Commission of the City and County of San Francisco met in Room 400, City Hall, #1 Dr. Canton B. Goodlett Place, San Francisco, at 5:32 p.m.

PRESENT: Commissioners Turman, Mazzucco, Marshall, DeJesus, Melara, Hing

Commissioner Turman welcomed Chief Scott to his first Police Commission

meeting.

a. Chief's Report - Introductory Comments - Report on recent Police Department activities, including major events and

weekly crime trends, and announcements. - Presentation of the annual report regarding the Department's work with the

Joint Terrorism Task Force "JTTF" - Presentation of the 4th Quarter 2016 FDRB Findings & Recommendations & OIS

Investigative Summary

Chief Scott introduced himself and addressed the Commission and members of

the public.

Chief Scott then reported recent activities and spoke of executive order signed

by the President and spoke of protests at San Francisco International Airport, no injuries and no arrests. Chief Scott then reported on homicides which is six homicides year to

date and went on to give an update on crimes and crime statistics,

Deputy Chief Michael Redmond introduced Lt. O'Connor who presented the

2016 Annual Report regarding SFPD involvement with JTTF. Deputy Chief Redmond spoke of the MOU and DGO 8.10 that needs to be updated. Chief Redmond announced

that the Department has suspended it's collaboration with the JTTF.

Commissioner Turman asked Mr. John Crew to address the Commission as part

of the presentation. He stated that the Department is doing the right thing and that it is important to update the general order which involves first amendment rights. He stated

that there is more work to be done.

Assistant Chief Sainez introduced Sergeant John Crudo who presented the 4 1h

Quarter FDRB Findings and Recommendations and OIS Investigative Summary reports.

b. DPA Director's Report - Report on recent DPA activities, and announcements - Presentation of DPA's 2016 First Amendment Compliance Audit of San

Francisco Police Department Records pursuant to DGO 8.10

Director Hicks has no recent activities to report. Attorney Samara Marion then presented the 2016 First Amendment Compliance Audit of SFPD records pursuant to

DGO 8.10.


Commissioner Turman has no report.

Commissioner Melara announced that she participated in the Women's March.


Commissioner Melara would like to discuss duties and responsibilities of the

Commission.

PUBLIC COMMENT Jeremy Miller congratulated the Department on doing the right thing with

withdrawing from the JTTF MOU. He spoke of deep concerns in regards to discrepancies with DGO 8.10. He went on to question about the in-custody deaths and whether or

not there were CIT involvement. Christina Singha spoke of concerns and recommendations when DGO 8.10 is

made to keep protection in place and not weakened; do not join JTTF; and if the Department does join JTTF, to insure proper training for the officers.

Alan Schlossher, ACLU, spoke of resistance to the Trump administration and

spoke of the City's laws and ordinance. Brittany, Attorney, commended the Department for suspension of collaboration

with JTTF and thanked the Community to make this happen. Daniel Redmond spoke of letter of support from the LGBT community and read

names that supports LGBT. Reverend read a friend's remarks in regards to her students and spoke of how

the students feel safe in San Francisco but concerns for family and friends outside of California due to the new Trump administration and fear for the law.

Nazrina Bargzi thanked the Commission and the Chief for the news of the withdrawal with the JTTF. She spoke of reference to the fact that the MOU may be

revisited and asked for inclusion with discussions.

Oha, Alliance for Asians Taking Action, asked that the Department do not rejoin the JTTF and to please continue with San Francisco as a Sanctuary City.

Anishka spoke of how her families are immigrant to this country and discussed

concerns of reasons not to trust the police and spoke of training for officers and to

reach for the highest standard of training for the officers. UCSF worker expressed concerns about profiling to his community. He stated

that he is happy about the withdrawal with the MOU with JTTF and that if MOU is

reactivated to have training and to follow recommendations from DPA. Mr. Sunha supports training. Jaytano, Visitacion Valley, applaud SFPD to suspend participation with JTTF. Bob support all the organization and spoke of a mosque in Bernal Heights and

commended the Ingleside Station for extra patrols around the Islamic Centers in the

City. Joysi, Asian Law Caucus, spoke of how her family was a target of FBI overreach

and spoke of how her father was arrested on the spot and how her father was accused

of being a spy. She stated that she lived in fear of the FBI and how the FBI was still not

accountable after the charges were dropped against her father. Yami, South Asian woman, spoke of how her family moved here from India and

spoke of raising her children in the Bayview and spoke of how the leaders of the city

have spoken to protect the community. Kate supports suspension from the JTTF and spoke of the Mayor's

announcement in regards to racial profiling and asked the Commission to look at all the recommendations and to implement it but expressed concerns about the chain of command between laws in California and the rest of the country.

Karen Fleshman gave a copy of blog to the Chief and spoke of Black History

Month. She went on to talk about the appointment of Chief Scott. Mr. Sheik thanked the Commission for being a beacon of hope and spoke of

respect for his neighbors and spoke of standing together and unification and asked that

better alliance be formed with every faith to work together with the Commission and

the officers of the City. Mr. Filla, Muslim American, asked the Commission for support of his

community.

Commissioner Hing announced the phone number for Rapid Response, 844-878-

7801.

Unidentified spoke of Sanctuary problems that officers are concern when they

try to do the right thing and spoke of concerns regarding the POA.

David Salaverry thanked the Commission for the withdrawal from the JTTF and

discussed concerns regarding the Trump administration and spoke of community

involvement with policy.

Rebecca, ldriss Stelly Foundation, spoke of incidents involving officer-involved shootings and violence by SFPD against immigrant communities.

Berstein spoke of issues of police brutality and of officers lying and cover-up and asked to keep the accountability.

PRESENTATION REGARDING THE EARLY INTERVENTION SYSTEM

Assistant Chief Sainez introduced Captain Walsh to present the Early Intervention System Report, along with Sergeant Stacy Youngblood.

Attorney John Alden, DPA, presented the DPA's recommendation regarding EIS.

PUBLIC COMMENT

John Crew spoke of concerns about how long EIS has had a problem and recommended going through the DGO to see if the tool is being used.

Karen Fleshman spoke of concerns about cultural problem with SFPD and spoke of officer-involved shooting incidents and text messaging incidents.

Unidentified spoke of concerns regarding the EIS system.

David Salaverry stated that the EIS should remain non punitive and spoke of having a public member attend the EIS meetings.

Michael Evans showed his pilot license and spoke of skills and fitness license and to add on to the EIS and even an earlier intervention.

Jeremy Miller stated that there are available indicators that has been ignored and the EIS need to be more efficient.

Berstein agreed with the last two speakers and recommended regular fitness evaluation for officers and suggested having a review of pattern of misconduct in order to fire officers and a punitive system that looks at patterns and problems is needed.

Unidentified spoke of Ross Mirkarimi and that the EIS system is something that we should look into.

Unidentified spoke of rigorous vetting for officers and spoke of how the system is a mess.

PUBLIC COMMENT

Jeremy Miller asked that all charges be dropped against Shawn Moore and complained of actions by deputies during the swearing in for the new chief.

Unidentified spoke of concerns regarding time and distance and spoke of the Shawn Moore incident.

Richard Act spoke of being driven by fear.

Jim Salinas welcomed Chief Scott and wished him well to instill trust and confidence to people of color. He went on to commend Captain Perea of the Mission

Station for his work with the community. He spoke of how Mission Station is understaffed.

David Salaverry spoke of writing an article about the Shawn Moore incident. He went on to welcome Chief Scott.

Gilbert Bernstein handed a report for the Commission titled Bad Cops in the San

Francisco Police Department Case Study: Joshua Cabillo. He went on to state that there are many bad cops in the SFPD.

Unidentified spoke of Ross Mirkirimi.

Vince spoke in regards to the case of Shawn Moore and that his case is best solved by the community and not in the legal system.

Jacki spoke of the Shawn Moore case and how he is being punished. John Crew spoke of tasers and accountability system.

Michael Evans spoke of hiring practices and spoke of concerns of the POA.


ILI =0


Motion by Commissioner, second by commissioner. Approved 6-0.

CLOSED SESSION (9:15 p.m. 9:30 p.m.)

Government Code Section 54957(b)(1) and San Francisco Administrative Code Section 67.10(b) and Penal Code Section 832.7: PERSONNEL EXCEPTION: Assignment of disciplinary charges filed in Case No. 0CC 0291-16 to an individual Commissioner for the taking of evidence on a date to be determined by the Commissioner (Commissioner Turman recused) (PRESENT: Commissioners Mazzucco, Marshall, DeJesus, Melara, Hing, Chief Scott, Assistant Chief Sainez, Deputy City Attorney Lee, Sgt. Kilshaw, Risa Tom, Director Hicks, Attorney Alden, Attorney Shea, member involved)

Pursuant to Government Code Section 54957(b)(1) and San Francisco Administrative Code Section 67.10(b) and Penal Code Section 832.7: PERSONNEL EXCEPTION: Status and calendaring of pending disciplinary cases PRESENT: Commissioners Mazzucco, Marshall, DeJesus, Melara, Hing, Chief Scott, Assistant Chief Sainez, Sgt. Kilshaw, Risa Tom)

OPEN SESSION (9:30 p.m.)


Motion by Commissioner Melara, second by Commissioner Marshall for non-disclosure. Approved 5-0.

ADJOURNMENT

Motion by Commissioner Marshall, second by Commissioner DeJesus.


Sergeant Rachael Kilshaw Secretary San Francisco Police Commission

FEBRUARY 8,2017 REGULAR MEETING


400, City Hall, #1 Dr. Carlton B. Goodlett Place, San Francisco, at 5:30 p.m.

PRESENT: Commissioners Turman, Mazzucco, Marshall, Deiesus, Melara, Hing

Commissioner Turman welcomed the public and greeted Director Hicks a happy

birthday.

REPORTS AND ANNOUNCEMENTS a. Chief's Report - Introductory Comments - Report on recent Police Department activities, including major events and

weekly crime trends, and announcements. - Presentation regarding the Safe Place Initiative

Chief Scott gave a brief update on crime statistics. He gave an update on a

shooting in the Mission District. The Chief also spoke of a hit-and-run incident. The Chief announced that the Chinese New Year parade on February 11th•

Commander McEachern introduced Sgt. Pete Shields in regards to the Safe Place

Initiative. Sergeant Shields then talked about the Seattle PD Safe Place Initiative and the

SFPD Safe Zone Program.

Commissioner Melara spoke on how this program can be great for community policing and spoke of speaking with Bank of America and stated that B of A is interested

in this program. Commissioner Melara stated that the Department needs to assign one individual to work with the program.

b. DPA Director's Report - Report on recent DPA activities, and announcements

- Presentation of DPA's Statistical Reports from January 2017, Summary of cases received in January 2017, Mediation of Complaints in January 2017, Discipline Proposed by the Chief of Police in January 2017 in Complaints Sustained by the 0CC, and Comparative Statistical Reports from January 2016

Director Hicks presented the January 2017 Statistical Reports.

C. Commission Reports

- Commission President's Report - Commissioners' Reports


Commissioner Hing reported that he had met with the Chief earlier this week and announced that he had asked the Commission Secretary to schedule meeting with all the captains. He stated that he met with Captain Bailey and Captain Oberzier today

and commended both captains.


Commissioner Deiesus stated that she was disappointed that the retreat was

cancelled. She also spoke about a letter to the Chief from the Blue Ribbon Panel and

spoke of having community representatives and stake holder representatives present at reform meetings, Commissioner DeJesus also spoke of an article about cases dismissed

by the Federal Court and asked for more information about that matter.

Commissioner Turman stated that the first step is to contact the US Attorney's

Office for more information.

Sergeant Kilshaw announced that the next regular meeting will be on March 1

and next week will be the Medal of Valor Ceremony.

PUBLIC COMMENT David Salaverry asked for the Commissioner to speak louder. John Jones spoke of the Safe Place Initiative and concerns regarding the

initiative. Ms. Paulette Brown spoke of the Safe Place Initiative and stated that it is a good

thing because everyone needs to be safe and she asked that stickers be put out for

everybody.

DISCUSSION AND POSSIBLE ACTION TOAPPROVE THE SFPD'S FY 2017-18 BUDGET

Director Catherine McGuire, Fiscal, presented the SFPD's FY 2017-18 budget.

She talked about the budget overview, sworn hiring plan update, expanded police cadet program update, police reform budget, technology projects and vehicles, and the new

forensic division and traffic company facility update.

PUBLIC COMMENT David Salaverry asked if the Commission is requesting for additional staff and

spoke of budget for technology and consider hiring an IT consultant. Karen Fleshman spoke of rapid hiring and has deficiencies in the hiring process

been fixed.

DISCUSSION AND POSSIBLE ACTION REGARDING CIVIL GRAND JURY REPORT— "INTO THE OPEN: OPPORTUNITIES FOR MORE TIMELY AND TRANSPARENT INVESTIGATIONS OF FATAL SFPD OFFICER-INVOLVED SHOOTINGS" JUNE 2016— SIX-MONTH PROGRESS REPORT

Commissioner Mazzucco presented the six-month progress report.

PUBLIC COMMENT Karen Fleshman spoke of the civil grand jury report and spoke of concerns

regarding handling of officer-involved shootings and suggested that public press

conference and meetings have neutral facts. David Salâverry spoke of concerns regarding Commissioners attendance at town

hall meetings.

Motion by Commissioner Melara, second by Commissioner Marshall. Approved

6-0.

RESOLUTION NO. 16-8

APPROVAL OF SIX-MONTH PROGRESS REPORT REGARDING CIVIL GRAND JURY REPORT - "INTO THE OPEN: OPPORTUNITIES FOR MORE TIMELY AND TRANSPARENT INVESTIGATIONS OF FATAL SFPD OFFICER-INVOLVED SHOOTINGS" JUNE 2016

RESOLVED, that the Police Commission hereby approves six-month progress

report regarding the Civil Grand Jury Report- "Into the Open: Opportunities for More

Timely and Transparent Investigations of Fatal SFPD Officer-Involved Shootings," which

states:

"The Honorable Teri L. Jackson

Presiding Judge Superior Court of California, County of San Francisco

400 McAllister Street San Francisco, CA 94102

RE: Civil Grand Jury Report - Into the Open: Opportunities for More Timely and

Transparent Investigations of Fatal San Francisco Police Department Officer-Involved

Shootings.

Dear Judge Jackson:

Pursuant to California Penal Code sections 933 and 933.05, the following is the Police

Commission's ("Commission") six month progress report regarding the recommendations listed in the 2015-2016 Civil Grand Jury Report entitled, "Into the

Open: Opportunities for More Timely and Transparent Investigations of Fatal San Francisco Police Department Officer-Involved Shootings ("Report")" where the Commission determined further analysis was needed prior to determining if the

recommendation would be implemented. The Commission would again like to thank

the members of the Civil Grand Jury for their interest in the City's various investigations of Officer-Involved Shootings ("OIS") and for their efforts to improve the timeliness and transparency of OIS investigations.

RECOMMENDATIONS THAT REQUIRED FURTHER ANAYSIS BY THE POLICE COMMISSION

Recommendation R.10.A: SFPD and the Police Commission should make it official policy for the SFPD to hold press conferences as soon as possible after each OIS incident.

Recommendation has been implemented.

Recommendation R.11.A: SFPD and the Police Commission should make it official policy for the SFPD to post "updates" on its website as soon as possible after each 015 incident.

Recommendation has been implemented.

Recommendation R.12.A: SFPD and the Police Commission should make it official policy for the SFPD to hold town hall meetings within a week after each 015 incident.

Recommendation has been implemented with a commitment to holding the town hall meeting within ten (10) days after each OIS incident.

Recommendation R.12B: The Chief of Police, the Supervisor for the district in which the OIS incident occurs, the DA, the Director of the 0CC, all members of the Police Commission, and all members of the newly formed 015 Task Force (see Recommendations R.8.A. and 11.8.13.) should attend the town hall meetings to show that they acknowledge the seriousness of the situation, understand how critical it is to have a thorough, accountable and transparent investigation and analysis of what occurred, and are united toward the goal of making that happen. Faith leaders and other community advocacy groups should also be invited to participate.

The recommendation will not be implemented at the Commission level because it violates Administrative Code 67 et seq. and Government Code §549954.

The official policy of the SFPD is to convene a town hall meeting within ten days of an OIS incident. In order for all members of the Commission to attend the town hall meeting —which by policy is held at a location other than City Hall - the meeting must be.properly noticed at least fifteen days prior to the meeting. Absent proper

notification, all of the members of the Commission cannot attend the same town hall meeting because doing so violates Administrative Code 67 et seq. and Government

Code §549954 by creating a quorum and holding an improperly noticed meeting.

The Commission acknowledges the seriousness of these critical incidents and the importance of transparency and accountability. The Commission strives to have two Commissioners attend each town hall meeting.

Recommendation R.15: The Police Commission or the newly created 015 Investigation Oversight Task Force (see Recommendations R.8.A. and 11.8.13), in addition to

summarizing the findings and conclusions of the various OIS investigation (again see Recommendation R.8.A. and 11.8.13.), should examine fatal OIS incidents with a view to developing "lessons learned" and answering the following questions:

What circumstances contributed to the 015 incident?

• What aspects of the interaction between the SFPD officers and the suspect, if any, could have been handled differently so that the loss of life would not have occurred?

• What alternatives to deadly force may have been tried? What lessons can be learned?

• Should any SFPD policies and procedures be reviewed or revised because of the incident?

The entity making this review of the fatal OlS investigation should publish its findings, as well as those from each of the other City agencies involved, in one comprehensive report that is made available to the public. The entity should then hold town hall meetings to share highlights from the report and the conclusions drawn from the OlS incident and should seek and allow for public comment and feedback.

This recommendation may be implemented in the future.

The Commission has directed the SFPD to review the policies, practices and process regarding the examination of fatal OlS incidents with a view to developing lessons learned.

On behalf of the entire Police Commission, I again want to thank you for the opportunity to respond to the Civil Grand Jury's report, Into the Open: Opportunities for More Timely and Transparent Investigation of Fatal San Francisco Police Department Officer-Involved Shootings." The Commission is committed to improving the timeliness and transparency of Officer-Involved Shootings."

AYES: Commissioners Turman, Mazzucco, Marshall, DeJesus, Melara, Hing

PUBLIC COMMENT

Richard Hack spoke of edged weapons and police training and spoke of less lethal options.

David Salaverry spoke of bail hearing for Moore and discrepancies in the police report.

John Jones spoke of being at the airport during the protest regarding the travel ban.

Unidentified spoke as a concerned citizen in regards to text messaging by officers and how things said are unacceptable. -

Karen Fleshman spoke of Sgt. Williams for the command staff and spoke of concerns about tasers. -

- Ms. Paulette Brown spoke of her son Aubrey Abrakasa and how his case is still not solved and showed the names of perpetrators who shot her son.

PUBLIC COMMENT ON ALL MATTERS PERTAINING TO CLOSED SESSION -

David Salaverry hopes that proceeding involving the lawsuit be made public.


Motion by Commissioner Melara, second by Commissioner Marshall. Approved 6-0.

CLOSED SESSION (7:44 p.m— 8:17 p.m.)

Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d)(1): CONFERENCE WITH LEGAL COUNSEL - Existing Litigation San Francisco Police Officers Association v. SF Police Commission et. al., Superior court of California, Case No. 16-515408, filed December 20, 2016 (PRESENT: Commissioners Mazzucco, Marshall, DeJesus, Melara, Hing, Chief Scott, Assistant Chief Sainez, Deputy City Attorney Cabrera, Sgt. l(ilshaw, Risa Tom, Rania Adwan, Deputy City Attorney Koski)

Government Code Section 54957(b)(1) and SF Administrative Code Section 67.10(b) and Penal Code Section 832.7:

PERSONNEL EXCEPTION: Assignment of disciplinary charges filed in Case No. DPA 0056-16 to an individual Commissioner for the taking of evidence on a date to be determined by the Commissioner (PRESENT: Commissioners Mazzucco, Marshall, DeJesus, Melara, Hing, Chief Scott,

Assistant Chief Sainez, Deputy City Attorney Lee, Sgt. Kilshaw, Risa Tom, Director Hicks,

Attorney Fraenkel, Attorney Shea, member involved)

Pursuant to Government Code Section 54957(b)(1) and San Francisco Administrative Code Section 67.10(b) and Penal Code Section 832.7: PERSONNEL EXCEPTION: Status and calendaring of pending disciplinary cases PRESENT: Commissioners Mazzucco, Marshall, DéJesus, Melara, Hing, Chief Scott,

Assistant Chief Sainez, Sgt. Kilshaw, Risa Tom)



Motion by Commissioner Mazzucco, second by Commissioner. Marshall for non-


ADJOURNMENT

Motion by Commissioner Melara, second by Commissioner Deiesus.




MARCH 1, 2017 REGULAR MEETING



PRESENT: Commissioners Turman, Mazzucco, Marshall, Deiesus, Melara, Hing

Commissioner Turman announced that Item No. 2, DPA Director's Report will be

taken off calendar as the Director is ill this evening.

CONSENT CALENDAR - Request of the Chief of Police for approval to accept donation of $221.00 from

the Hilton San Francisco Financial District for the Central Station Floral Fund - Request of the Chief of Police for approval to accept gifts awarded to Officer

Edmund Huang from the Nob Hill Association for the Central Station Floral Fund and other charitable organizations, valued at approximately $1,500.00

- Request of the Chief of Police for approval to accept donation of $200.00 from the Alamo Women's Club Federated for the Department's Community Engagement Fund

PUBLIC COMMENT

None

Motion by Commissioner Mazzucco, second by Commissioner Marshall.

Approved 6-0.

RESOLUTION NO. 17-10

APPROVAL OF THE REQUEST OF THE CHIEF OF POLICE TO ACCEPT DONATION OF $221.00 FROM THE HILTON SAN FRANCISCO FINANCIAL DISTRICT FOR THE CENTRAL STATION FLORAL FUND


Chief of Police to accept donation of $221.00 from the Hilton San Francisco Financial

District for the Central Station Floral Fund.

AYES: Commissioners Turman, Mazzucco, Marshall, Deiesus, Melara, Hing


APPROVAL OF THE REQUEST OF THE CHIEF OF POLICE TO ACCEPT GIFTS AWARDED TO OFFICER EDMUND HUANG FROM THE NOB HILL ASSOCIATION FOR THE CENTRAL STATION FLORAL FUND AND OTHER CHARITABLE ORGANIZATIONS, VALUED AT APPROXIMATELY $1,500.00

RESOLVED, that the Police Commission hereby approves the request of the Chief of Police to accept gifts awarded to Officer Edmund Huang from the Nob Hill

Association for the Central Station Floral Fund and other charitable organizations,

valued at approximately $1,500.00.



APPROVAL OF THE REQUEST OF THE CHIEF OF POLICE TO ACCEPT DONATION OF $200.00 FROM THE ALAMO WOMEN'S CLUB FEDERATED FOR THE DEPARTMENT'S COMMUNITY ENGAGEMENT FUND


Chief of Police to accept donation of $200.00 from the Alamo Women's Club Federated

for the Department's Community Engagement Fund.


REPORTS AND ANNOUNCEMENTS a. Chief's Report - Report on recent Police Department activities, including major events and

weekly crime trends, and announcements: - Reorganization & promotions - Overview of first 30 days as Chief of Police - Update on recent homicides and shooting cases - Report on Traffic Saturation Operation and Investigations

Chief Scott gave an update on his first 30-days as Chief of Police. He spoke of

reorganization of the Department structure to support and create infra structure to give support and sustainability for the DOJ's recommendations. The Chief also spoke of

meeting with a lot of different community groups to collaborate and work with in making the city a safer city. The Chief also talked about the decision to suspend

participation with the Joint Terrorism Task Force. The Chief went on to talk about recent promotions. The Chief continued to give an update on crime stats. The Chief

also talked about attending his first Medal of Valor Ceremony and graduation.

b. DPA Director's Report - Report on recent DPA activities, and announcements - Presentation of FY 2017-2018 Budget

Item is put over to April 12th



Commissioner Hing spoke of having met with all the different district stations

captains.

Commissioner DeJesus spoke of attending EIS in Oakland, along with Commissioner Hing and members of the Department, and spoke of how far advance

they are in comparison with San Francisco. She stated that Oakland is willing to work

with the Department.

Commissioner Mazzucco spoke of attending the Academy Graduation and how

the class is a very diverse class that reflects the city.

Commissioner Melara spoke of the president of the class and stated that she

might be a great candidate to do recruitment.

d. Commission Announcements and scheduling of items, identified for consideration at future Commission meetings

No announcements

PUBLIC COMMENT None

DISCUSSION AND POSSIBLE ACTION REGARDING SFPD STAFFING LEVEL STUDY, PURSUANT TO MOTION 161203, PROPOSED BY SUPERVISOR NORMAN YEE

Commissioner Turman introduced Supervisor Yee who talked about his proposed motion 161203. He spoke of the charter's requirement of 1,971 police

officers. Supervisor Yee stated that we are approaching the 1,971 number and concerns

about future growth and how recruitment has become challenging. He spoke of

creating a task force, through the Commission, to identify and determine staffing levels,

studies on calls for service, crime data, officer's workload, deployment, and population

size. He recommended that that Police Staffing Task Force should have a data analyst,

community stakeholders, and experts from the US Department of Justice, the Office of Community Oriented Police Services, SFPD Command Staff, Controller's Office, DPA,

Sheriffs Office, Department of Emergency Management, and the Bar Association. He also asked the Commission to ask for funding for this Task Force for the upcoming

budget discussion to be heard at the Board of Supervisors' level.

Commissioner Turman stated that the Controller's Office is on board and that Commissioner Mazzucco will chair from the Commission.

Blake Stevenson, Controller's Office, spoke of how their office have worked with the Commission on several staffing studies over the years and have assisted before in running an RFP process, hiring a consultant, setting deliverables for contracts, and they

can also help staff some of the processes. She also urged the Commission to be realistic about the time and resources required as a robust community process will probably

take thousands of hours of work and meetings.

Commissioner Deiesus spoke of how the Controller's Office has helped the Department and the Commission before and recommended that the consultants should

bring the information to the task force and then the task force can decide what number

is needed rather than having the decision made beforehand without public input. She also talked about how much funding is needed.

Supervisor Yee stated his commitment is, if it is a reasonable amount, he will

support it.

Commissioner Mazzucco spoke of the 1,971 number and that no one really

knows where it came from. He also stated that at the time the number was established,

there was no Treasure Island, Mission Bay, no ball park, downtown high rises, and new businesses, He spoke of the communities' concerns with lack of police officers out on

the streets.

Commissioner Melara recommended that the resolution to be urging the SF Police Commission and the Chief of Police because the Chief is responsible for the

operation of the Department.

Commissioner Marshall asked about the word "deployment" and asked that the

word be taken out of the resolution.

Supervisor Yee stated that he will look and work into changing the word.

Chief Scott agreed that the word deployment can be misconstrued.

Motion by Commissioner Melara to support the resolution in principle without

the deployment piece and insure that the Chief and the Supervisor's office get together to insure that everything in the resolution goes to the operational policy of the department. Motion second by Commissioner Deiesus.

PUBLIC COMMENT None

Commissioner Turman stated the motion to support the spirit of the resolution

that Supervisor Yee has put forward, striking the word "Deployment," and insuring that the Chief works with Supervisor Yee's office to make sure that all operational needs are

met and the Chief retains those operation functions.

Motion by Commissioner Melara, second by Commissioner DeJesus. Approved

6-0.

DISCUSSION AND POSSIBLE ACTION TO ADOPT REVISED DEPARTMENT GENERAL ORDER 8.07. "HAZARDOUS MATERIALS"

Deputy Chief Ali and Officer Zografos presented the revised Department

General Order 8.07, "Hazardous Materials."

PUBLIC COMMENT

None

Motion by Commission Marshall, second by Commissioner Melara. Approved 5-0.

(Commissioner DeJesus stepped out of the room and was not present during the vote for

this item.)

RESOLUTION 17-13

ADOPTION OF REVISED DEPARTMENT GENERAL ORDER 8.07, "HAZARDOUS MATERIALS"

RESOLVED, that the Police Commission hereby approves to adopt revised Department General Order 8.07, "Hazardous Materials," which states:

HAZARDOUS MATERIAL INCIDENTS

This order establishes policies and procedures for officers and supervisors to follow

when a hazardous material incident poses a safety threat to citizens. The order explains

the levels of responsibility, including those of police and fire department personnel.

I. DEFINITIONS

A. HAZARDOUS MATERIAL. Any substance, in any amount, that when released outside of its normal containment poses a threat to human health and safety or the

environment or any substance designated as hazardous under state and/or federal regulations or city ordinances.

B. HAZARDOUS WASTE. Hazardous waste is any waste that because of its quantity, concentration, or physical, chemical, or infectious characteristics, poses a present or

potential hazard to human health and safety, or a potential hazard to the environment, e.g., used motor oil, acids that have passed their expiration date, etc.

C. HAZARDOUS MATERIAL INCIDENT. A hazardous material incident is a condition caused by the release of any hazardous material or hazardous waste that poses a threat

to the health and safety of the public or the environment.

II. POLICY

A. RESPONSIBILITIES

1. HANDLING. It is the policy of the City and County of San Francisco that the primary authority and responsibility for all non-criminal hazardous material incidents within the city rests with the San Francisco Fire Department (SFFD). The San Francisco

Police Department (SFPD) will supply technical and resource support and joint Incident Command, pursuant to the Incident Command System (ICS). The Office of Emergency

Services (OES) will assist in major incidents. The California Highway Patrol (CHP) will

manage hazardous material incidents on state freeways that lie within the City and County of San Francisco. The following guidelines specify the responsibility for handling specific types of hazardous material:

a. The SFFD is responsible for the handling of all incidents involving hazardous materials with no criminal intent at all locations under the jurisdiction of the City and

County ofSan Francisco. If the incident isa result ofa criminal act or attempted criminal, act, the SFPD Special Investigations Division (SID), with the assistance of

certified bomb technicians of the SFPD Explosive Ordnance Disposal (EOD) Unit, shall have the primary responsibility for the investigation.

b. Investigation of suspected terrorist and/or Weapons of Mass

Destruction Incidents shall rest with the Federal Bureau of Investigation,

with assistance from the SFPD SID and certified bomb technicians of the SFPD EOD Unit.

c. Pursuant to 2454(b) CVC, SFPD and SFFD share responsibilities for hazardous material releases that result from incidents on local streets or roads.

d. Incidents involving the disposal of crystallized picric acid, crystallized ether, or other unstable and potentially explosive agents shall be handled by certified bomb technicians of the SFPD EOD Unit.

PROCEDURES

A. HAZARDOUS MATERIAL INCIDENT. When confronted with a potential or actual hazardous material incident, members shall follow these procedures:

1. SAFETY. When possible, members should approach a hazardous material incident upwind and/or upgrade. When possible, members should avoid positioning

themselves in a place where they cannot conduct a safe assessment of the scene. When possible, members should avoid making contact with the suspect material. All

substances should be presumed dangerous until the SFFD Hazardous Materials Unit (HazMat), SFPD EOD Unit certified bomb technicians or the Department of Public Health (DPH) has analyzed the substance and identified it is harmless.

2. ISOLATE AND DENY ENTRY. Members shall establish a sufficient perimeter, taking into consideration all known atmospheric conditions and possible changes in

wind direction. Members shall treat the incident as a Critical Incident and deny entry of all non-essential personnel into the perimeter. Members shall follow the guidelines listed in the Department of Transportation (DOT) Emergency Response Guidebook

and/or the recommendations of the SFFD HazMat Unit, SFPD EOD Unit or the DPH.

3. NOTIFICATION. Upon arrival to a hazardous material incident, members shall

notify Dispatch and request to have the SFFD HazMat Unit respond to the scene. Members shall identify a safe avenue of approach to the incident and have Dispatch

broadcast this information to all responding units. Members shall also notify a district supervisor and request that he/she respond to the scene. The district supervisor shall

contact the Officer-In-Charge (OIC) of the district and SFPD Department Operations Center (DOC) as soon as practical. The DOC is responsible for notifying the SFPD EOD Unit of the incident.

IDENTIFY AND ASSESS THE HAZARD. Members should attempt to visually identify that

hazardous material (inspection of shipping papers, material safety data sheet (MSDS), posed NFPD placards, etc.) without exposing themselves to the hazard.

5. RESCUE. Rescue of persons from a contaminated area shall not be attempted

unless the member has the appropriate Department-issued personal protective equipment (PPE), including respiratory protection. Per CALOSHA requirement 5144, members must have undergone Department approved training in the use of that equipment prior to its use, including Fit Testing.

6. INCIDENT REPORT. The first SFPD member on the scene of a hazardous

material incident involving a criminal or attempted criminal act is

responsible for writing the incident report, unless relieved of this duty by a supervisor. If the criminal or attempted criminal act causes injury, the

incident report shall be assigned to SID for investigation and a copy shall be sent to the SFPD EOD Unit. If the criminal or attempted criminal act causes

death to a human being, the incident report shall be assigned to Homicide for investigation and a copy shall be sent to the SFPD EOD Unit and SID.

B. OFFICER-IN-CHARGE RESPONSIBILITIES. When notified of a hazardous material

incident, the OIC of the district shall respond to the scene and follow these procedures:

1. PERIMETER. Upon arrival at the scene, the OIC shall establish a perimeter, taking

into consideration all known atmospheric conditions and possible changes in wind

direction. The OIC shall treat the incident as a Critical Incident and deny entry of all

non-essential personnel into the perimeter. The OIC shall follow the guidelines listed in

the DOT Emergency Response Guidebook and/or the recommendations of the SFFD

HazMat Unit, SFPD EOD Unit or the DPH.

2. COMMAND POST. Upon arrival at the scene, the OIC shall establish a command

post at a safe distance outside the perimeter. The command post should be upwind and/or uphill from the incident and should be situated after considering the possibility

of changing atmospheric conditions (wind direction, temperature, etc.). The OIC shall report the location of the command post to Dispatch and specify a safe avenue of

approach (refer to DGO 8.01, Critical Incident Evaluation and Notification).

3. VACUATION/SHELTER IN PLACE NOTIFICATIONS. The OIC, in consultation with the on-scene SFPD HazMat Unit and the SFPD EOD Unit, shall facilitate all mandatory evacuations and/or shelter in place notifications.

C. UNLAWFUL DISPOSAL OF HAZARDOUS WASTES

1. NOTIFICATION. Members who encounter incidents involving illegal hazardous

waste disposal shall request Dispatch to contact the SFFD HazMat Unit.

2. IINCIDENT REPORT. The first SFPD member on the scene of an illegal hazardous

waste disposal is responsible for writing the incident report unless relieved of this duty by a supervisor. If the hazardous waste disposal incident causes injury,

the incident report shall be assigned to SID for investigation and a copy shall be sent to the SFPD EOD Unit. If the hazardous waste disposal incident caused

death to a human being, the incident report shall be assigned to Homicide for investigation and a copy shall be sent to the SFPD EOD Unit and SID. All other incidents shall be assigned to the district Station Investigation Teams (SIT) for

any follow-up investigation.

D. CHEMICAL DISPOSAL. If a citizen requests information regarding chemical disposal in

a non emergency situation, members shall inform the citizen to contact a commercial handler listed in the telephone directory or contact the Department of Public Health's

Hazardous Material Program.

E. CONTAMINATION/DECONTAMINATION. If a member has been contaminated or suspects he/she may have been contaminated, the member shall immediately contact

the SFFD HazMat Unit to request decontamination. The member shall immediately report to San Francisco General Hospital, if deemed necessary by the SFFD HazMat Unit

or any other emergency medical services personnel at the scene.

All suspected contaminations resulting from a criminal act or attempted criminal act

shall be reported to SID for investigation and direction on evidence related issues.

The contaminated member's supervisor shall contact the SFPD EOD Unit and provide the circumstances involved in the (suspected) contamination. The supervisor shall

ensure that a description of decontamination efforts of the member are documented in

an incident report. The supervisor shall complete all required work-related illness/injury

forms for the member. The member shall submit a memorandum to his/her commanding officer indicating the specifics of the (suspected) contamination as soon as

practical.

References

Event Management Manual, SFPD

D. 0. T. Emergency Response Guidebook.

Son Froncisco Deportment of Public Health, Bureau of Toxins, Health and Safety Services

AYES: Commissioners Turman, Mazzucco, Marshall, Melara, Hing ABSENT: Commissioner DeJesus

PUBLIC COMMENT

Arcelia Montoya, Local 1021, spoke on behalf of the employees of the Department of Police Accountability. She spoke of a survey by SEIU 1021 of employees of DPA. She stated that the survey was not meant to be public but now that it was made public, she stated that the survey exposed significant issues at DPA that should be of concern to the Commission. She urged the Commission to take the survey seriously. She stated that many of DPA's employees would like to be present tonight to express concerns but fears retaliation. She asked the Commission to conduct an independent audit into this issue.

John Jones spoke of being present at the Berkeley demonstration and spoke of how the police asked the crowd to disperse and how that was a mistake because there were no place for the 2000 demonstrators to go.

Jackie, San Franciscans for Police Accountability, spoke an incident involving Michael Brewster and how he was brutally attacked by officers.

Ray Hartz, SF Open Government, spoke of the agenda and spoke of the rules for public comment and public records requests and spoke of training for de-escalation.

Ms. Paulette Brown showed a short video in regards to homicides in the city and spoke of the Safe Place Initiative be made inclusive to everyone. She went on to show the names of individuals who murdered her son.


None



CLOSED SESSION (7:30 p.m.)

Government Code Section 54957(b)(1) and San Francisco Administrative Code Section 67.10(b) and Penal Code Section 832.7: PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Executive Director, Department of Police Accountability (Item is put over) (PRESENT: Commissioners Turman, Mazzucco, Marshall, DeJesus, Melara, Hing, Chief Scott, Assistant Chief Sainez, Deputy City Attorney Cabrera, Sgt. Kilshaw, Rania Adwan) Pursuant to Government Code Section 54957(b)(1) and San Francisco Administrative Code Section 67.10(b) and Penal Code Section 832.7: PERSONNEL EXCEPTION: Assignment of disciplinary charges filed in Case No. ALW lAD 2016-0252 to an individual Commissioner for the taking of evidence on a date to be determined by the Commissioner (PRESENT: Commissioners Turman, Mazzucco, Marshall, DeJesus, Melara, Hing, Chief Scott, Assistant Chief Sainez, Deputy City Attorney Lee, Sgt. Kilshaw, Attorney Worsham, Attorney Brass, and member involved) Pursuant to Government Code Section 54957(b)(1) and San Francisco Administrative Code Section 67.10(b) and Penal Code Section 832.7: PERSONNEL EXCEPTION: Hearing on disciplinary charges and discussion to sustain or not sustain disciplinary charges filed in case No. lAD 2015-0338, and to decide penalty or take other action, if necessary (PRESENT: Commissioners Turman, Mazzucco, Marshall, DeJesus, Melara, Hing, Chief Scott, Assistant Chief Sainez, Deputy City Attorney Lee, Sgt. Kilshaw, Attorney Betz, Attorney Hinckley, and member involved)

(These proceedings were taken in shorthand form by Ms. Anna Greenley, CSR., Roomian and Associates)

Pursuant to Government Code Section 54957(b)(1) and San Francisco Administrative Code Section 67.10(b) and Penal Code Section 832.7: PERSONNEL EXCEPTION: Status and calendaring of pending disciplinary cases PRESENT: Commissioners Mazzucco, Marshall, DeJesus, Melara, Hing, Chief Scott, Assistant Chief Sainez, Sgt. Kilshaw)



Motion by Commissioner Melara, second by Commissioner Marshall for non-disclosure. Approved 6-0.

ADJOURNMENT







PRESENT: Commissioners Turman, Mazzucco, Marshall, DeJesus, Hing ABSENT: Commissioner Melara

CONSENT CALENDAR SFPD/OCC Document Protocol Quarterly Report, 4th Quarter 2016

PUBLIC COMMENT

John Jones stated that it is unfair to the public to discuss lengthy reports without seeing it beforehand.

Motion by Commissioner Mazzucco, second by Commissioner Marshall. Approved 5-0.

REPORTS AND ANNOUNCEMENTS a. Chief's Report - Report on recent Police Department activities, including major events and

weekly crime trends, and announcements - Presentation by SFPD and Department of Public Health (DPH) on the status of

responding to calls for service involving people with mental health issues - Presentation of SFPD/DPA Report on General Orders/Policy Proposals "Sparks

Report"

Chief Scott gave a brief update on crime statistics. He announced that there has been 10 homicides year to date as compared to 7 in 2016. The Chief also talked about

arrests made for burglaries and home invasion incidents. The Chief also talked about providing an update to the Board of Supervisors in regards to reforms on March 71h The

Chief also announced that he will be participating in a town hall meeting with the Justice for Mario Woods group on March 9th and the St. Patrick's Day Parade on March 11th

Deputy Chief Redmond introduced Lieutenant Molina and Director Stephanie Felder and Dr. Angelica Almeda of DPH to present the report on the partnership

between the Department and the Department of Public Health.

Deputy Chief Connolly presented the 4th Quarter 2016 Report on General

Orders/Policy Proposals. Ms. Samara Marion talked about one of the DOJ's recommendation to implement one of DPA policy recommendation of the Department

and DPA meeting on a quarterly basis to discuss discipline cases and training and policy failure or enhancements.

b. DPA Director's Report - Report on recent DPA activities, and announcements

Director Hicks has no recent activities to report.


Commissioner Turman spoke of attending the March 7th meeting with the Board of Supervisors in regards to Commission-related reforms.

Commissioner Hing spoke of attending the DGO 8.10 meeting with the command staff.


Commissioner Deiesus spoke of recent promotions and the percentage of

women that will be promoted in the future and requested a report as to the testing process and what is the best practice to promote women and minorities in the

department.

Commissioner Turman asked Director Callaghan of DHR to work with the

Department to prepare the report requested by Commissioner Deiesus.

Sergeant Kilshaw announced that the Commission will meet in the Southern

District on March 15th at the Contemporary Jewish Museum, 736 Mission Street, starting

at 6 p.m., to hear comments from the public and Southern Station Captain Daryl Fong

concerning public protection issues in the Southern District.

PUBLIC COMMENT David Salavary spoke of how the community is pleased with what's happening

with CIT and stated that he will get together with Lt. Molina next week to talk about the

program. He went on to talk about the Shawn Moore case. Ms. Paulette Brown showed a short video in regards to impact of violent deaths

to the family and community and the Healing Circle. Tom Gilberti spoke of the police as peace officers and responding to mental

health crisis. Unidentified spoke in regards to CIT and spoke of training for first responders in

responding to mental health crisis situations. John Jones commended the CIT individuals but expressed concerns regarding

dealing with individuals with mental health. Unidentified spoke of policing the urban neighborhood and dealing with.PTSD.

Tammy Bryant, District 5, spoke of the police dealing with individuals with

mental health issues and spoke of promoting women to the command staff level.

PRESENTATION FROM DEPARTMENT OF HUMAN RESOURCES (DHR) ON PROCESS FOR CONDUCTING PUBLIC EMPLOYEE PERFORMANCE EVALUATION: EXECUTIVE DIRECTOR,

DEPARTMENT OF POLICE ACCOUNTABILITY

Director Micki Callaghan presented the report in regards to the process for conducting public employee performance evaluations directed for department heads

which focuses more on strategic planning and less on day-to-day management.

PUBLIC COMMENT David Salavary spoke of DPA being a critical part of accountability in San

Francisco and that the Commission's expectations of their director should be very high.

He recommended that the Commission talk to DPA clients about the agency. Tom Gilberti asked if there is a problem in-house, could it be investigated and

solved within 30 days and presented to the District Attorney. Michael Adams spoke of the Aviation Committee's fitness for duty.

PUBLIC COMMENT

Michael Adams spoke of officers' performance evaluation and fitness for duty

evaluation. Clyde spoke of CIT and tasers. Unidentified spoke in regards to his 7-year old son where he can't see his son

and spoke of his relationship with an individual who was abusive to him and how he was

taken from his home and how the court gave this individual custody of his son.

Tom Gilberti spoke of CIT and bringing in 10-year veteran officers to mentor

young officers. David Salavary spoke of the new community relations unit and commended the

chief with informing the public in regards to the texting incident. Ms. Paulette Brown spoke of her son who was a victim of homicide and that

there is still no justice for her son. She stated that it's been 11 years since the death of

her son.

Commissioner Mazzucco made a comment in regards to the derogatory term

used by Clyde and asked that it is very irresponsible and should not be used in a

Commission meeting and asked that if Clyde comes back that he be censured for what

he said.


Tom Gilberti commented on transparency.


Motion by Commissioner Marshall, second by Commissioner DeJesus. Approved

5-0.

CLOSED SESSION (7:50 p.m.)

Government Code Section 54957(b)(1) and San Francisco Administrative Code Section

67.10(b) and Penal Code Section 832.7: PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Executive Director, Department of

Police Accountability (PRESENT: Commissioners Turman, Mazzucco, Marshall, DeJesus, Hing, Director Hicks)

Pursuant to Government Code Section 54956.9(a) and San Francisco

Administrative Code Section 67.10(d)(1): CONFERENCE WITH LEGAL COUNSEL—

Existing Litigation (PRESENT: Commissioners Turman, Mazzucco, Marshall, DeJesus, Hing, Chief Scott,

Assistant Chief Sainez, Deputy City Attorney Cabrera, Sgt. Kilshaw, Rania Adwan, Deputy

City Attorney Koski) Pursuant to Government Code Section 54957(b)(1) and San Francisco Administrative Code Section 67.10(b) and Penal Code Section 832.7: PERSONNEL EXCEPTION: Discussion on what action to take regarding disciplinary

charges filed in Case No. 0CC 291-16 (PRESENT: Commissioners Mazzucco, Marshall, DeJesus, Hing, Chief Scott, Assistant

Chief Sainez, Deputy City Attorney Lee, Sgt. Kilshaw, Director Hicks, Attorney Alden,

Attorney Shea, and member involved)

(These proceedings were token in shorthand form by Ms. Anna Greenley, CSR., Roomian

and Associates)

Pursuant to Government Code Section 54957(b)(1) and San Francisco

Administrative Code Section 67.10(b) and Penal Code Section 832.7: PERSONNEL EXCEPTION: Status and calendaring of pending disciplinary cases

PRESENT: Commissioners Mazzucco, Marshall, DeJesus, Hing, Chief Scott, Assistant

Chief Sainez, Sgt. Kilshaw)



SESSION

Motion by Commissioner Marshall, second by Commissioner Hing for non-


ADJOURNMENT

Motion by Commissioner Marshall, second by Commissioner DeJesus.

Approved 4-0.



Secretary

San Francisco Police Commission


The Police Commission of the City and County of San Francisco met in the Southern District, Contemporary Jewish Museum, 736 Mission Street, in San Francisco,

at 6:00 p.m.

PRESENT: Commissioners Mazzucco, Marshall, Deiesus, Melara, Hing

ABSENT: Commissioner Turman

Commissioner Mazzucco welcomed the public and asked the Commissioners to

introduce themselves. He also acknowledged the presence of Supervisor Kim.

Supervisor Kim addressed the public and acknowledged the great work of Captain Fong.

Commissioner Mazzucco thanked the Contemporary Jewish Museum for hosting the meeting.

REPORTS AND ANNOUNCEMENTS a. Chief's Report - Report on recent Police Department activities, including major events, weekly

crime trends, and announcement

Chief Scott addressed the public and introduced his command staff that are

present. Present are Deputy Chief Sainez, Deputy Chief Redmond, and Commander Perea.

The Chief then gave a brief report on recent events including the St. Patrick's

Day Parade. The Chief also talked about recent robberies in the Southern District, upcoming events including the upcoming traffic enforcement, and then gave a brief

report on crime statistics.

CAPTAIN DARYL FONG, COMMANDING OFFICER OF SOUTHERN STATION, TO ADDRESS THE COMMISSION ON POLICE ACTIVITIES IN THE SOUTHERN DISTRICT

Captain Fang thanked Rachael Smith and Mark Curtado of the Contemporary Jewish Museum. The Captain then acknowledged members of his CPAB group who'are present this evening.

Captain Fang then went onto describe the Southern District's demographics

and spoke of police activities in the Southern District.

PUBLIC COMMENT

Rita Lark, North Beach Place resident, discussed concerns about actions by officers.

Debra Benedict talked about the western SOMA and Honduran drug sales in the area and homeless encampment in the area.

Peter Cherniff spoke of law enforcement and spoke of concerns.

Brett, Dog Patch area, thanked the department for their hard work and spoke of

how the city interact with immigrants.

Kathy Moffin thanked the Commission for coming to the Southern and spoke of how much she appreciates the partnership with the department and Captain Fang and

commended Captain Fang, Sgt. McDonnell, and DC Redmond for all their support. Unidentified spoke of individuals speeding on the streets of the city and

concerns regarding tailgating and suggested more tailgating tickets be issued. Katie Liddell, South Beach Rincon Hill area resident, CPAB member of Southern,

commended Captain Fong and DC Redmond for their work with the community.

Judy Tuan spoke of the sanctuary city and the ACLU's model nine policies and support for those nine policies.

Paulette Brown spoke of how homicide rates are up and concerns about

conviction after being arrested. She went onto talk about her son's case and the stigma

of people of color being drug dealers and are gang members. She went onto talk about unsolved homicide cases.

Thomas Simpson, Board of Directors for Yerba Buena Garden Festivals, spoke of

festivals that showcases the arts and thanked the Department for keeping the festivals

safe.

ADJOURNMENT



Sergeant Rachael Kilshaw Secretary


5-0.

p.m.

/rct

APRIL 5, 2017 REGULAR MEETING

The Police Commission of the City and County of San Francisco met in Room 400, City Rail, 11 Dr. Canton B. Goodlett Place, San Francisco, at 5:33 p.m.

PRESENT: Commissioners Turman, Mazzucco, Marshall, Melara, Ring

ABSENT: Commissioner DeJesus

(Commissioner Hing was excused at 9:45 p.m.)

PRESENTATION OF CERTIFICATE - Mr. Jay Allen Dykeman will be presented with a Certificate of Appreciation for

coming to the aid of a sergeant who was dealing with an individual attempting to grab the Sergeant's firearm

Deputy Chief Schmitt read and presented the Certificate of Appreciation to Mr.

Jay Allen Dykeman.

DISCUSSION AND POSSIBLE ACTON ON SELECTING A COMMISSION PARLIAMENTARIAN

Commissioner Turman explained that the Commission is in need of someone to

keep it on track and to follow the rules.

Motion by Commissioner Mazzucco to nominate Commissioner Melara as the

Commission's Official Parliamentarian, second by Commissioner Marshall. 4-1

Commissioner Ring stated that the Commission does not need the position.

AYES: Commissioners Turman, Mazzucco, Marshall, Melara

NAYS: Commissioner Ring

PUBLIC COMMENT Michael Petrellis asked why the Commission needs a parliamentarian and stated

that the public needs an explanation why this item is on the agenda.

RESOLUTION 17-16

APPOINTMENT OF COMMISSIONER SONIA MELARA TO BE THE POLICE COMMISSION'S OFFICIAL PARLIAMENTARIAN

RESOLVED, that Commissioner Sonia Melara is hereby appointed the Police

Commission's Parliamentarian.

AYES: Commissioners Turman, Mazzucco, Marshall, Melara

NAYS: Commissioner Ring

PUBLIC COMMENT

Michael Petrellis spoke of the ruling of the Sunshine Task Board in regards to his

complaint and how he was interrupted during public comment. He stated that the Chief and Director Ricks should not be sitting on the dais.

Ms. Paulette Brown spoke in regards to unsolved homicides including her son's

homicide. Her son was murdered at the age of 17 while saving someone's life. She stated that tomorrow, April 6th, is his birthday and she still does not have closure.


Michael Petrellis objected to the Commission going into closed session in

regards to disciplinary matters.





67.10(b) and Penal Code Section 832.7: PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Executive Director, Department of

Police Accountability, (PRESENT: Commissioners Turman, Mazzucco, Marshall, Melara, Hing, Director Hicks)


67.10(b) and Penal Code Section 832.7: PERSONNEL EXCEPTION: Assignment of disciplinary chargesfiled in Case No. lAD

2016-0206 to an individual Commissioner for the taking of evidence on a date to be determined by the Commissioner (PRESENT: Commissioners Turman, Mazzucco, Marshall, Melara, Hing, Chief Scott, Assistant Chief Sainez, Deputy City Attorney Lee, Sgt. Kilshaw, Risa Tom, Attorney Betz, Attorney Shea, Captain Chignell, member involved)

Government Code Section 54957(b)(1) and San Francisco Administrative Code Section 67.10(b) and Penal Code Section 832.7: PERSONNEL EXCEPTION: Hearing on Motion to Dismiss filed in Case No. 0CC 0158-16;

lAD 2016-0021, or take other action, if necessary (PRESENT: Commissioners Turman, Mazzucco, Marshall, Melara, Hing, Chief Scott, Assistant Chief Sainez, Deputy City Attorney Pradham, Sgt. Kilshaw, Risa Tom, Director

Hicks, Attorney Betz, Attorney Alden, Attorney Worsham, Attorney Shea, Attorney Burrell, Attorney Hinckley, Captain Chignell, members involved)

(These proceedings are token in shorthand form by Ms. Anna Greenley, CSR., Roomian

and Associates)

Government Code Section 54957(b)(1) and San Francisco Administrative Code Section 67.10(b) and Penal Code Section 832.7: PERSONNEL EXCEPTION: Hearing on the Motion to Dismiss due to Department's

Failure to Comply with Notice Requirements of Government Code Section 3304 filed in Case No. ALW lAD 2015-0092, or take other action, if necessary

(PRESENT: Commissioners Turman, Mazzucco, Marshall, Melara, Hing, Chief Scott, Assistant Chief Sainez, Deputy City Attorney Lee, Sgt. Kilshaw, Risa Tom, Attorney

Worsham, Attorney Murphy, member involved)

(These proceedings are taken in shorthand form by Ms. Anna Greenley, CSR., Roomian

and Associates)

Government Code Section 54957(b)(1) and San Francisco Administrative Code Section 67.10(b) and Penal Code Section 832.7:

PERSONNEL EXCEPTION: Hearing on non disciplinary charges field in Case No. ALW lAD 2016-0109, or take other action, if necessary

(PRESENT: Commissioners Turman, Mazzucco, Marshall, Melara, Hing, Chief Scott, Assistant Chief Sainez, Deputy City Attorney Lee, Sgt. Kilshaw, Risa Tom, Attorney

Worsham, Attorney Shea, member involved and spouse)

(These proceedings are token in shorthand form by Ms. Anna Greenley, CSR., Roomian

and Associates)



PRESENT: Commissioners Turman, Mazzucco, Marshall, Melara, Hing, Chief Scott,

Assistant Chief Sainez, Sgt. Kilshaw, Risa Tom)



SESSION

Motion by Commissioner Marshall, second by Commissioner Mazzucco for non-disclosure. Approved 4-0.

ADJOURNMENT

Motion by Commissioner Mazzucco, second by Commissioner Marshall. Approved 4-0.



MAY 3, 2017 REGULAR MEETING

The Police Commission of the City and County of San Francisco met in Room 400, City Hall, t1 Dr. Carlton B. Goodlett Place, San Francisco, at 5:33 p.m.

PRESENT: Commissioners Turman, Mazzucco, Marshall, Melara, Hing

Commissioner Mazzucco announced that tonight's meeting will be adjourned in honor of Lt. Jason Lynch who recently passed away.

Chief Scott spoke of how the Department is saddened by the passing of Lt. Lynch.

CHIEF'S REPORT - Report on recent Police Department activities, including major events, weekly

crime trends, and announcements

Chief Scott spoke of recent officer-involved shooting that occurred this

afternoon. He announced that there will be a town hail meeting in the next two days,

with date and venue to be announced. The Chief continued to give a brief update on recent arrest and crimes including shootings in the Taraval and in the Bayview. He also

talked about upcoming Cinco de Mayo celebrations around the city.

DPA DIRECTOR'S REPORT Report on recent DPA activities, and announcements

- Presentation of the 3d Quarter 2016 Statistical Report

Deputy Director Baltazar presented the 3rd quarter 2016 Statistical Report.

COMMISSION REPORTS - Commission President's Report - Commissioners' Reports

Commissioner Turman asked Sergeant Kilshaw to introduce new Commission staff Sergeant Rodriguez and Officer Jones.

Commissioner Melara spoke of attending a safety meeting moderated by

Supervisor Yee, and attended by Chief Scott, Commander Mannix, and captains from three police district stations. The meeting was held in West Portal and that the meeting

was well-attended, Commissioner Melara stated that the public was glad that the Chief and members of the command staff was there to answer questions from the west side

community. She also spoke of recent working group meeting in regards to ECWs and that the next meeting will be on Friday, May 5th, Commissioner Melara stated that the first meeting focused on the goals and objectives of the group.

Commissioner Hing spoke of meeting with Commander Lazar who is in charged with community policing and announced that his group will be meeting every other week starting next Wednesday with the executive community group.

Commissioner Marshall spoke of meeting with Deputy Chief Moser and Assistant Chief Chaplin in regards to bias.

COMMISSION ANNOUNCEMENTS AND SCHEDULING OF ITEMS IDENTIFIED FOR CONSIDERATION AT FUTURE COMMISSION MEETINGS

Commissioner Turman asked that the 11t Quarter Bias Audit be agendized for the first meeting in June.

PUBLIC COMMENT

Francisco Decosta spoke of having benchmarks within the reports and spoke of

how there are sorrow in the hearts of many decent San Franciscans. He asked that in preparing the reports that goals and timelines be included.

Darryl Rogers, SF resident and activist since 1959, spoke of strong convictions in

having a good police department and asked that officers be diligent, understanding and to see people as human beings and not victims or criminals. He stated that reform doesn't stop on what's going on out on the street but also in the department in taking care of whatever mental health problems in the department. ?

Jackie Barchack spoke of recent office r-i nvofved shooting incident and spoke of why there is no- other way of de-escalating the situation.

David Salaveri spoke of recent shooting and that it is a tragedy and hopes that body camera footage be released and asked what is the status of MOU between the Department and the DA's Office.

ELECTION OF COMMISSION OFFICERS

Commissioner Turman spoke of how our rules require that we have elections by the end of May.

Commissioner Melara explained that new elections do not have to be

conducted but can take a vote for the officers that were confirmed recently. Second by Commissioner Marshall. Approved 5-0.

PUBLIC COMMENT None


Motion by Commissioner Melara to confirm the present officers elected on January 7, 2017, second by Commissioner Marshall:

ELECTION OF PRESIDENT OF THE POLICE COMMISSION

RESOLVED, that Commissioner L. Julius M. Turman shall serve as President of the San Francisco Police Commission.

AYES: Commissioners Mazzucco, Marshall, Melara, Hing, Turman

ELECTION OF VICE PRESIDENT OF THE POLICE COMMISSION

RESOLVED, that Commissioner Thomas Mazzucco shall serve as Vice President of the San Francisco Police Commission.

AYES: Commissioners Turman, Marshall, Melara, Hing, Mazzucco

PUBLIC COMMENT

David Villalobos, Lower Polk Merchants Association, thanked the Commission and Mayor Lee for selecting Chief Scott as the new Chief of Police and thanked Chief

Scott for attending their meeting. Francisco Dacosta spoke of the Blue Ribbon Committee report and spoke of a

meeting with the Board of Supervisors that was put over and asked the Commission to

work with the POA, the new Chief, and the citizens of San Francisco.

Karen Fleshman asked as to the status of disciplinary process for officers involved in the Amilcar Lopez matter and spoke of the MOU between the Department and the DA's office.

Unidentified spoke of police in the Civic Center area profiling Latinos and spoke of drug use in the area.

Tom Gilberti showed a photo of a fishing net and spoke of a net instead of using

firearms and that it can be good for everybody. He also spoke of using the tenured vets to train with new officers.

David Salaveri congratulated President Turman and Vice President Mazzucco

and welcome new staff to the Commission and commended Ms. Adwan for her work.

Ms. Paulette Brown spoke of her son Aubry Abrakasa and thanked Sgt.

Yamaguchi for posting posters of her son. She showed photos of homicide victims

whose cases are still not solved. Barbara Attard asked if a DPA investigator was present at the scene of the

officer-involved shooting incident.


None



5-0.


PUBLIC EMPLOYEE APPOINTMENT: Interim Executive Director, Department of Police

Accountability: Government Code Section 54957(b)(1) and San Francisco Administrative Code Section 67.10(b) and its authority under Charter Section 4.136(b), the Commission will discuss

and take possible action regarding potential candidates to serve as Interim Executive Director, DPA. Appointment of an Interim Executive Director would be effective July

1, 2017. The Interim Executive Director will serve at the pleasure of the Police

Commission until the Mayor appoints an Executive Director pursuant to the process in

Charter Section 4.136(b) (PRESENT: Commissioners Turman, Mazzucco, Marshall, Melara, Hing, Deputy City

Attorney Porter, Sgt. Kilshaw, Sgt. Rodriguez, Risa Tom, Off. Jones)


SESSION

Motion by Commissioner Melara, second by Commissioner Marshall for non-



None



5-0.



67.10(b) and Penal Code Section 832.7: PERSONNEL EXCEPTION: Discussion and possible action to accept or reject proposed

stipulated agreement filed in Case No. 0CC 0158-16; lAD 2016-0021, or take other

action, if necessary (PRESENT: Commissioners Turman, Mazzucco, Marshall, Melara, Hing, Chief Scott,

Assistant Chief Sainez, Deputy City Attorney Pradham, Sgt. Kilshaw, Sgt. Rodriguez, Officer Jones, Risa Tom, Deputy Director Baltazar, Attorney Betz, Attorney Alden, Attorney Shea, Attorney Burrell, Attorney Hinckley, Captain Chignell, members involved)

(These proceedings are taken in shorthand form by Ms. Anna Greenley, CSR., Room/an

and Associates)



PRESENT: Commissioners Turman, Mazzucco, Marshall, Melara, Hing, Chief Scott,

Assistant Chief Sainez, Deputy Director Baltazar, Deputy City Attorney Pradham, Sgt.

Kilshaw, Sgt, Rodriguez, Officer Jones, Risa Tom)



Motion by Commissioner Mazzucco, second by Commissioner Melara for non-


ADJOURNMENT

Motion by Commissioner Melara, second by Commissioner Marshall to adjourn

the meeting in honor of Lieutenant Jason Lynch. Approved 5-0.


Sergeant Rachael Kilshaw Secretary


MAY 10, 2017 REGULAR MEETING


400, City Hall, #1 Dr. Canton B. Goodlett Place, San Francisco, at 5:33 p.m.

PRESENT: Commissioners Turman, Mazzucco, Marshall, Melara, Hing, Hirsch

Commissioner Turman commended and acknowledged the men and women of

the San Francisco Sheriff's Department.

CHIEF'S REPORT - Report on recent Police Department activities, including major events, weekly

crime trends, and announcements - Update from the Professional Standards Bureau in regards to the Collaborative

Review status and implementation of high priority recommendations (Taken off calendar)

- Presentation of the Early Intervention System "EIS" 4th Quarter 2016 Report

(Taken off calendar)

Chief Scott gave an update on recent officer-involved shooting and town hall

meeting held early this afternoon. The Chief spoke of releasing the body worn camera

footage and private security footage of the incident. The name of the officer was also released. The Chief went on to talk about recent homicide arrest. The Chief spoke of

the upcoming 3rd Annual CIT Awards tomorrow from 1 t 4 p.m. at the Scottish Rite.

The Chief then gave a brief update on crime stats.

DPA DIRECTOR'S REPORT - Report on recent DPA activities, and announcements

Deputy Director Baltazar gave an update on recruitment of 8124 DPA

investigator. He announced that DHR had posted a job announced for the 8124 Investigator for DPA and that said announcement will be up for two weeks. Deputy Director Baltazar went onto say that this week five investigators are in Dublin attending

the internal affairs training hosted by the Alameda County Sheriffs Department and stated that DPA investigators are continuing to attend the advance officers training at

the Police Academy. He announced that next week DPA staff will receive additional

training on credibility assessment.

COMMISSION REPORTS - Commission President's Report - Commissioners' Reports

- Commissioners' update regarding Community Policing Task Force

Commissioner Turman welcomed newly appointed Commissioner Hirsch and

asked him to briefly introduce himself.

Commissioner Mazzucco spoke of attending the town hall meeting in regards to

recent officer-involved shooting.

Commissioner Melara gave a brief update in regards to the ECW working group

meeting where a draft policy was handed out.

Commissioner Hing gave an update in regards to the Community Policing Task

Force. Commissioner Hing asked Commander Lazar to give a brief overview of the task

force. Commander Lazar spoke of 17 findings and 60 recommendations out of the DOJ report that comes under the umbrella of Community Policing. There are 40 project

managers reporting to 12 finding managers. Once the work is done it goes to the

executive sponsor working group.

COMMISSION ANNOUNCEMENTS AND SCHEDULING OF ITEMS IDENTIFIED FOR CONSIDERATION AT FUTURE COMMISSION MEETINGS

Commissioner Melara would like to follow upon Safe Place.

Commissioner Hing ask for a presentation on DGO 5.15 with respect to the

Sanctuary City Ordinance and training sometime in June.

Sergeant Rodriguez announced that next week's meeting will be at the James

Lick Middle School in the Mission District, starting at 6 p.m.

PUBLIC COMMENT Ace Washington spoke of community policing. Patricia Boyd spoke of community policing as a good idea and spoke of

communication between the department and the community. Unidentified spoke of tasers and handed the commissioners a copy of "Killing

Them Safely" a documentary on the dangers of tasers. She asked that the

Commissioners take time to watch this video. Richard Hack, retired city worker, spoke of the dangers of tasers and the misuse

of tasers. David Salavery welcomed Commissioner Hirsch and spoke of having

Commissioner DeJesus reinstated. He spoke of being part of the community policing working group. He spoke of attending BARTS Use of Force policy meeting and how it is

modeled after the San Francisco Use of Force. Tom Gilberti spoke of concerns regarding tasers and spoke of how police needs

to address the public without their gun belts.

PUBLIC COMMENT

Patricia Boyd, Palace of Fine Arts, asked to meet with Chief Scott and

Commissioner Mazzucco regarding an incident in the Northern and spoke of communication with the public.

Unidentified spoke of body cameras and how his car was broken into where the

suspects used his garage door opener to get into his garage and stole his bicycle. He spoke of getting a citation for an illegal left turn. He spoke of speaking to a supervisor in

the Mission Station where he was informed about the use of body cameras.

David Salavery spoke of attending the budget hearing and spoke of budget for reforms.

Tom Gilberti showed a photograph of a fishing net and the idea of using a net

for policing. Richard Hack spoke of police misconduct and less lethal alternatives.

Barbara Growth discussed concerns. Unidentified spoke of the African American Review Board and commended the

Commission for their selection of Chief of Police. She went on to commend Chief Scott.

Justin spoke of working in the same building where the shooting occurred in the Subway Restaurant and spoke of how some of the employees are feeling uncomfortable

after the shooting and how the Department has stationed some officers around the building and that it has made a huge difference.

Ms. Paulette Brown spoke of how Mother's Day is coming and how her son was

murdered on the 14th and that it will be 11 years since he died. She spoke of recent loss

of a member of her family due to homicide. She went on to show photos of victims of homicide. She asked for help in solving cold cases.


None



6-0.


PUBLIC EMPLOYEE APPOINTMENT: Interim Executive Director, Department of Police Accountability:

Government Code Section 54957(b)(1) and San Francisco Administrative Code Section 67.10(b) and its authority under Charter Section 4.136(b), the Commission will discuss and take possible action to appoint an Interim Executive Director, DPA, or take other action regarding selection and appointment of an Interim Executive Director. Appointment of an Interim Executive Director would be effective July 1, 2017. The Interim Executive Director will serve at the pleasure of the Police Commission until the Mayor appoints an Executive Director pursuant to the process in Charter Section 4.136(b) (PRESENT: Commissioners Turman, Mazzucco, Marshall, Melara, King, Hirsch, Deputy

City Attorney Porter, Sgt. Kilshaw, Sgt. Rodriguez, Risa Tom, Off. Jones)


Motion by Commissioner Melara, second by Commissioner Hing for non-disclosure except that Manny Fortes is appointed as Interim DPA Director effective July 1, 2017. Approved 6-0.

ADJOURNMENT

Motion by Commissioner Marshall, second by Commissioner Hing. Approved 6- [.j


Sergeant Rachael l(ilshaw Secretary San Francisco Police Commission

january 4. 2017 regular meeting the police commission … · january 4. 2017 regular meeting the...

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