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SEPTEMBER 12, 2018 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 Mazzucco, DeJesus, Hirsch, Hamasaki, Elias, Brookter (Commissioners Hamasaki and Elias arrived at 6:45 p.m.) Commissioner Mazzucco announced the appointment of two new commissioners. Commissioner Damali Taylor is on a scheduled vacation. Commissioner Dion-Jay Brookter is present and was sworn in today. Commissioner Brookter said a few words to address the Commission and the public. AWARD PRESENTATION - Presentation by the American Legion of the California Officer of the Year Award to Officer Anna Cuthbertson Commander Gary Gee, American Legion, presented the Officer of the Year Award for Community Service to Officer Anna Cuthbertson. ADOTION OF MINUTES - Meeting of September 5, 2018 Motion by Commissioner DeJesus, second by Commissioner Hirsch. Approved 4-0. PUBLIC COMMENT None REPORTS TO THE COMMISSION a. Chief's Request Report on recent Police Department activities, including major events, weekly crime trends, staffing (current staffing levels and overtime) and announcements Update regarding the rd Quarter 2018 Report in Compliance with Administrative Code Chapter 96A Chief Scott gave a brief update on crime statistics. The Chief spoke of a homicide on 6th Street involving a metal cane. He spoke of police work around the UN Plaza to address issues of drug dealing, public health, and quality of life issues. The Chief also reported on staffing and overtime and stated that the Department is 3 percent under budget year-to-date. As far as staffing the Chief stated that the Department is 6.95 percent below the mandated level of 1971. Deputy Chief Connolly presented the update regarding the 2" d Quarter 2018 Report in Compliance with Administrative Code Chapter 96A. b. DPA Director's Report Report on recent DPA activities, and announcements Director Henderson gave a brief update on cases opened closed, pending cases, and mediated cases. Director Henderson reported that the agency has opened 459 cases year to date as compared to 368 last year. Director Henderson reported that the Supreme Court just ruled declining to review the officers' texting cases and that his office will reinitiate the discipline proceedings immediately. c. Commission Reports Commission President's Report Commissioners' Reports

SEPTEMBER 12, 2018 REGULAR MEETING...SEPTEMBER 12, 2018 REGULAR MEETING The Police Commission of the City and County of San Francisco met in Room 400, City Hall, #1 Dr. Canton B. Goodlett

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Page 1: SEPTEMBER 12, 2018 REGULAR MEETING...SEPTEMBER 12, 2018 REGULAR MEETING The Police Commission of the City and County of San Francisco met in Room 400, City Hall, #1 Dr. Canton B. Goodlett

SEPTEMBER 12, 2018 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 Mazzucco, DeJesus, Hirsch, Hamasaki, Elias, Brookter

(Commissioners Hamasaki and Elias arrived at 6:45 p.m.)

Commissioner Mazzucco announced the appointment of two new

commissioners. Commissioner Damali Taylor is on a scheduled vacation. Commissioner Dion-Jay Brookter is present and was sworn in today.

Commissioner Brookter said a few words to address the Commission and the public.

AWARD PRESENTATION - Presentation by the American Legion of the California Officer of the Year Award to

Officer Anna Cuthbertson

Commander Gary Gee, American Legion, presented the Officer of the Year Award for Community Service to Officer Anna Cuthbertson.

ADOTION OF MINUTES - Meeting of September 5, 2018

Motion by Commissioner DeJesus, second by Commissioner Hirsch. Approved 4-0.

PUBLIC COMMENT

None

REPORTS TO THE COMMISSION

a. Chief's Request

Report on recent Police Department activities, including major events, weekly crime trends, staffing (current staffing levels and overtime) and announcements Update regarding the rd Quarter 2018 Report in Compliance with Administrative Code Chapter 96A

Chief Scott gave a brief update on crime statistics. The Chief spoke of a homicide on 6th Street involving a metal cane. He spoke of police work around the UN

Plaza to address issues of drug dealing, public health, and quality of life issues. The Chief also reported on staffing and overtime and stated that the Department is 3 percent under budget year-to-date. As far as staffing the Chief stated that the Department is 6.95 percent below the mandated level of 1971.

Deputy Chief Connolly presented the update regarding the 2"d Quarter 2018 Report in Compliance with Administrative Code Chapter 96A.

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

Director Henderson gave a brief update on cases opened closed, pending cases, and mediated cases. Director Henderson reported that the agency has opened 459

cases year to date as compared to 368 last year. Director Henderson reported that the

Supreme Court just ruled declining to review the officers' texting cases and that his office will reinitiate the discipline proceedings immediately.

c. Commission Reports Commission President's Report Commissioners' Reports

Page 2: SEPTEMBER 12, 2018 REGULAR MEETING...SEPTEMBER 12, 2018 REGULAR MEETING The Police Commission of the City and County of San Francisco met in Room 400, City Hall, #1 Dr. Canton B. Goodlett

Commissioner Mazzucco announced that the California Supreme Court has

denied to rehear the case involving very important disciplinary matter and that the Court has ruled that the 3304 was a one-year statutory limitations for cases pending criminal matter and that the Department had acted properly in withholding to file

charges because of ongoing federal probe and that the Supreme Court has denied review and that the discipline cases will proceed with the Commission.

Commissioner Hirsch announced that he asked the City Attorney's office for an

opinion about what additional disclosures could be made on police discipline given the restrictions the Commission has in the law and stated that SB 1421 was approved by the

Senate which will change the law, assuming the governor signs it without a veto.

Commissioner Hirsch stated that the City Attorney is waiting until the law in enacted to write a revised memo which will allow further disclosure of information regarding police

discipline.

Commissioner Elias announced that she visited the HSOC Headquarters on Turk Street at the Department of Emergency Management. She said it was very informative

to see the officers, DPH, and all the other agencies working together to resolve the homeless crisis. She also announced that she and Commissioner Hamasaki attended the Mission Station lineup as well as the Bayview lineup and spoke how beneficial for the

Commissioners to attend the lineups and speak with the officers one-on-one to find out what is happening and what issues the officers are facing on a daily basis.

Commissioner Hamasaki stated that it is good to get out and hear from the

officers firsthand and hear about the challenges the officers face on a daily basis. He also announced that he, along with Commissioners Mazzucco, DeJesus, and Elias,

attended the 75th Memorial for Fallen Fire Fighters and Police Officers.

Commission announcements and scheduling of items identified for consideration at a future Commission meeting

Commissioner Mazzucco announced that he would like a discussion regarding

the Joint Terrorism Task Force agendized for October 10th. He stated that he would like

to possibly have a town hall-type of meeting focused on the issue to hear from everyone, look at the current state of things are, and do the calm rationale balancing about what is right, given what is presented to the Commission. He would like to do this

sometime in early November.

Commissioner DeJesus would like the wealth and disparity statistics for October

3rd and asked if it can be moved to October 10th. Commissioner Mazzucco agreed and

asked that the statistical data they are using presented to Commander Walsh for

comparison and verification.

Commissioner Mazzucco also asked to put on the October 3rd agenda how the Department handles wellbeing calls and how to agendized the Chief's report.

Sergeant Kilshaw announced that the Commission will not meet on September 19th and 26th. The next meeting will be on October 3rd at City Hall, starting at 5:30 p.m.

PUBLIC COMMENT Francisco Decosta spoke of community policing and how 85 percent of officers

live outside the city.

Unidentified spoke of untested rape kits. John Jones spoke of his dissatisfaction of the Chief's report and asked that the

Chief's report be posted ahead of time.

Ms. Paulette Brown spoke of her son's homicide and how she has not heard

from the investigator and spoke of unsolved homicide cases.

DISCUSSION AND POSSIBLE ACTION TO APPROVE THE ADDENDUM TO THE CALIFORNIA DEPARTMENT OF JUSTICE AND THE SAN FRANCICO POLICE DEPARTMENT MOU

Page 3: SEPTEMBER 12, 2018 REGULAR MEETING...SEPTEMBER 12, 2018 REGULAR MEETING The Police Commission of the City and County of San Francisco met in Room 400, City Hall, #1 Dr. Canton B. Goodlett

Motion by Commissioner Hirsch to change the language instead of "an individual commissioner" to "two commissioners to represent the Commission for the

duration of the MOU."

Deputy City Attorney Cabrera suggested language for section under Open Lines of Communication of the addendum page 3, 2f, revising and adding in section 4(c), "The

Commission agrees to assign two individual Commissioners as a point of contact for this MOU." As for page 2 of the Addendum, section 2b(b), to revise this to say, "Cal DOJ will consult with the Commission prior to issuing reports on SFPD's progress in

implementing those reforms."

Section 2(b) will read, "Within 30 days of the date of the execution of the Consultant's contract, the Vice President of the Commission, on behalf of the

Commission, SFPD, and CaIDOJ will develop a mutually agreeable work plan that sets

forth the following."

Motion by Commissioner Elias to adopt revisions, second by Commissioner

Hirsch. Approved 6-0.

Commissioner Mazzucco appointed Commissioners Hirsch and Hamasaki as the

point of contact for the Commission.

PUBLIC COMMENT

John Jones stated that the DOJ report was a disgrace. Francisco Decosta spoke of how COPS was outsourced by the DOJ and concerns

of how the public have not had an opportunity to comment on the 272 recommendations.

Unidentified spoke of not having a copy of the 272 recommendations.

PUBLIC COMMENT

Francisco Decosta spoke of the shooting of Jason.

Unidentified spoke of an investigation should be done on all Catholic churches in San Francisco for allegations of sexual abuse.

Ms. Paulette Brown spoke of her son's homicide and how she has not heard anything about her son's case. She showed the names of the perpetrations: Thompson Hannibal, Paris Moffett, Andrew Videau, Jason Thomas, Anthony Hunter, Marcus Carter.

PUBLIC COMMENT ON ALL MATTERS IN CLOSED SESSION

None

VOTE ON WHETHER TO HOLD CLOSED SESSION

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

CLOSED SESSION (7:10 p.m.)

CONFERENCE WITH NEGOTIATOR — Collective Bargaining Pursuant to Government code Section 54957.6: City Negotiator: LaWanna Preston, Employee Relations Manager Organization representing Police Officers: San Francisco Police Officers Association

'Anticipated Issues Under Negotiation: Body Worn Cameras (Present: Commissioners Mazzucco, DeJesus, Hirsch, Hamasaki, Elias, Brookter, Deputy

City Attorney Cabrera, Sergeant Kilshaw, Sergeant Ware, Officer Jones, Ms. Preston)

CONFERENCE WITH LEGAL COUNSEL-Existing Litigation. Pursuant to Government Code Section 54956.9(d)(1) and San Francisco Administrative Code Section 67.10(d)(1): Derek Byrne vs. City and County of San Francisco, San Francisco Police Commission and San Francisco Police Department, San Francisco Superior Court, Case No. CPF-17-515892, filed October 12, 2017

(Present: Commissioners Mazzucco, DeJesus, Hirsch, Hamasaki, Elias, Brookter, Chief Scott, Deputy City Attorney Mongan, Sergeant Kilshaw, Sergeant Ware, Officer Jones)

Page 4: SEPTEMBER 12, 2018 REGULAR MEETING...SEPTEMBER 12, 2018 REGULAR MEETING The Police Commission of the City and County of San Francisco met in Room 400, City Hall, #1 Dr. Canton B. Goodlett

CONFERENCE WITH LEGAL COUNSEL-Existing Litigation. Pursuant to Government Code Section 54956.9(d)(1) and San Francisco Administrative Code Section 67.10(d)(1): Robert Leung vs. City and County of San Francisco, et al., Case No. CPF-11-511773, filed June 19, 2017 (Present: Commissioners Mazzucco, DeJesus, Hirsch, Hamasaki, Elias, Brookter, Chief Scott, Deputy City Attorney Mongan, Sergeant Kilshaw, Sergeant Ware, Officer Jones)

PERSONNEL EXCEPTION. Pursuant to Government Code Section 54957(b)(1) and San Francisco Administrative Code Section 57.10(b) and Penal Code Section 832.7: Discussion and possible action to take the following disciplinary case off calendar:

- IAD 2016-0182 Withdrawal of the Appeal of the Chief's Suspension (Present: Commissioners Mazzucco, DeJesus, Hirsch, Hamasaki, Elias, Brookter, Chief Scott, Deputy City Attorney Mongan, Sergeant Kilshaw, Sergeant Ware, Officer Jones)

PERSONNEL EXCEPTION. Pursuant to Government Code Section 54957(b)(1) and San Francisco Administrative Code Section 57.10(b) and Penal Code Section 832.7: Discussion and possible action to accept or reject settlement agreement filed in case no. ALW IAD 2017-0229, or take other action, if necessary (Present: Commissioners Mazzucco, DeJesus, Hirsch, Hamasaki, Elias, Brookter, Chief Scott, Deputy City Attorney Mongan, Sergeant Kilshaw, Sergeant Ware, Officer Jones, Attorney Worsham, Attorney Shea, member involved)

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

PERSONNEL EXCEPTION. Pursuant to Government Code Section 54957(b)(1) and San Francisco Administrative Code Section 57.10(b) and Penal Code Section 832.7: Status and calendaring of pending disciplinary cases (Present: Commissioners Mazzucco, DeJesus, Hirsch, Hamasaki, Elias, Brookter, Chief Scott, Deputy City Attorney Mongan, Sergeant Kilshaw, Sergeant Ware, Officer Jones)

OPEN SESSION (9:30 p.m.)

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

Motion by Commissioner Hirsch for non-disclosure, second by Commissioner DeJesus. Approved 6-0.

ADJOURNMENT

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

Thereafter, the meeting was adjourned at 9:35 p.m.

Sergeant Rachael Kilshaw Secretary San Francisco Police Commission

Page 5: SEPTEMBER 12, 2018 REGULAR MEETING...SEPTEMBER 12, 2018 REGULAR MEETING The Police Commission of the City and County of San Francisco met in Room 400, City Hall, #1 Dr. Canton B. Goodlett

OCTOBER 3, 2018 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 Mazzucco, DeJesus, Hirsch, Hamasaki, Elias, Brookter, Taylor

(Commissioner Hamasaki arrived at 5:54 p.m. Commissioner Hirsch is excused at 7:47 P.m.)

Commissioner Mazzucco welcomed new Commissioner Damali Taylor.

PRESENTATION OF CERTIFICATE OF APPRECIATION Presentation to Galls (A uniform retail establishment) For their participation and partnership with the SFPD & SFPOA on the Pink Patch Project

Sergeant Raymond Padmore read the Certificate of Appreciation. Chief Scott along with POA President Montoya presented the certificate.

DISCUSSION AND POSSIBLE ACTION TO ADOPT NEW DEPARTMENT GENERAL ORDER 5.22, "INTERACTING WITH TRANSGENDER, GENDER-VARIANT, AND NONBINARY INDIVIDUALS"

Taken out of order.

Deputy Chief Connolly introduced Sergeant Gary Buckner and Officer Elton who presented Department General Order 5.22.

Commissioner Mazzucco read a letter from former Police Commissioner Theresa Sparks:

"Honorable members of the San Francisco Police Commission,

Over the last few days I have been reviewing the draft DGO 5.22, Interacting with Transgender, Gender-Variant and Nonbinary Individuals. My opinion is that the Draft DGO is well written and completely in sync with today's TRANS culture, although keep in mind that culture is continually being re-imagined. It is only paragraph 5.22.04 H (Note) that give me pause, not because of its necessary use in the DGO but due to the confusion it is likely to generate relative to Department "A" Bulletin 18-105, 05/31/18, SDCS Implementation.

More to the point, I am very concerned with requirement that officers use perception as a legitimate means of data collection as mandated in Assembly Bill 953, and subsequent BOS legislation adopting AB 953. It is very confusing for officers that in an active Departmental Bulletin it prescribes one way to identify much maligned communities, including individuals "perceived" to be TGN, for purposes of reporting potential discrimination and it being necessary in DGO 5.22 to explain that the best practices described therein shall not be applied in this case. It must be kept in mind that the interactions triggering reporting in AB 953 are nearly all interactions the officers will have with this community on a daily basis.

Being someone who has worked on the interaction between law enforcement and the LGBT and TGN communities for more than fifteen-years and one of the individuals introducing implicit bias training to the SFPD and City at large, the contradiction between the concepts of self-identification (DGO 5.22) and identification through perception (A8953) puts at risk decades of mostly successful efforts to confront possible discrimination and normalize relations between law enforcement and historically disenfranchised communities. It could actually re-enforce an officers tendency of implicit bias, therefore undoing years of training and understanding. It it (sic) a direct contradiction of the nationally recognized best-practices of implicit bias training in

Page 6: SEPTEMBER 12, 2018 REGULAR MEETING...SEPTEMBER 12, 2018 REGULAR MEETING The Police Commission of the City and County of San Francisco met in Room 400, City Hall, #1 Dr. Canton B. Goodlett

addition to SFPD's current efforts to adopt the recommendations of the 21st Century Polkinq Report issued under the Obama Administration.

Rather than inserting an explanation in DGO 5.22 as to why in most interactions with the public, officers are to ignore best practices, those which have successfully addressed discrimination and reduced tensions between the SFPD and TGN community, the Commission might consider inserting a paragraph in Departmental "A" Bulletin 18-105, instructing officers to ignore the instructions in AB953 to utilize perception as the means of identification and substitute the known best practice of self identification.

In summary, I wholeheartedly recommend adoption of DGO 5.22 by this Commission, although it will create substantial confusion to officers in its implementation. In addition, I strongly recommend considering asking the City Attorney to request a possible injunction to stop the implementation of AB953 to determine if the requirement to use the concept of perception rather than self identification possibly violations local, State or Federal non-discrimination legislation.

Thank you for your time.

Theresa Sparks Former member and president of San Francisco Police Commission (2004-2009) and retired Executive Director of the San Francisco Human Rights Commission."

PUBLIC COMMENT Ed, District 11, spoke of concerns regarding the general order and stated that

the document is not consistent with reality.

Motion by Commissioner DeJesus, second by Commissioner Elias. Approved 7-0.

RESOLUTION 18-72

ADOPTION OF NEW DEPARTMENT GENERAL ORDER 5.22, "INTERACTING WITH TRANSGENDER, GENDER-VARIANT, AND NONBINARY INDIVIDUALS"

RESOLVED, that the Police Commission hereby approves to adopt new Department General Order 5.22, "Interacting with Transgender, Gender-Variant, and Nonbinary Individuals."

AYES: Commissioners Mazzucco, DeJesus, Hirsch, Elias, Hamasaki, Brookter, Taylor

CONSENT CALENDAR Request of the Chief of Police to accept a $100 donation from Ms. Belinda Chin

to be deposited to the Community Engagement Fund

Motion by Commissioner DeJesus, second by Commissioner Elias. Approved 7-0.

RESOLUTION NO. 18-71

APPROVAL OF THE REQUEST OF THE CHIEF OF POLICE TO ACCEPT DONATION OF $100 FROM MS. BELINDA CHIN TO BE DEPOSITED TO THE COMMUNITY ENGAGEMENT FUND

RESOLVED, that the Police Commission hereby approves the request of the Chief of Police to accept donation of $100.00 from Ms. Belinda Chin to be deposited to the Community Engagement Fund.

AYES: Commissioners Mazzucco, DeJesus, Hirsch, Hamasaki, Elias, Brookter, Taylor

REPORTS TO THE COMMISSION

Page 7: SEPTEMBER 12, 2018 REGULAR MEETING...SEPTEMBER 12, 2018 REGULAR MEETING The Police Commission of the City and County of San Francisco met in Room 400, City Hall, #1 Dr. Canton B. Goodlett

a. Chief's Request Crime Trends (Provide Crime Trends (Provide an overview of offenses occurring in San Francisco and the trends in those offenses over time) Significant Incidents (Chief's report will be limited to a brief description of significant incidents that have occurred since the posting of the agenda. Commission discussion will be limited to determining whether to calendar any of the incidents the Chief describes for discussion or action at a future commission meeting.) Pink Patch Project Month (Provide an update on the implementation of the Commission-approved use of the pink patch for Breast Cancer Awareness month during October 2018) Fleet Week (Provide an overview of SFPD preparation for planned activities for October 5th through October 8, 2018) Status Update regarding environmental testing at Building 606 located at the old Hunters Point Shipyard Presentation regarding rules governing missing persons. Department Bulletin 17-086, Missing Persons Assignment Criteria, Department General Order 6.10, Missing Persons

Chief Scott gave a brief update on crime statistics. The Chief also spoke about the Pink Patch Project where all the sales from the pink patches will go to the Bay Area Cancer Connection. The Chief talked about Fleet Week.

Commander Robert O'Sullivan presented the update regarding environmental testing at Building 606.

Commander McEachern presented the rules governing missing persons.

Department Bulletin 17-086, Missing Persons Assignment Criteria, Department General Order 6.10, Missing Persons.

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

Ms. Samara Marion, for Director Henderson, reported that the Director is attending the NACOLE conference. She also spoke of outreach done by the DPA.

c. Commission Reports Commission President's Report Commissioners' Reports

Commissioner Mazzucco introduced Chaplin Meghan Rohr and commended

Chaplin Rohr for her work with the Department and the officers.

Commissioner Brookter spoke of attending the OFJ 50th Anniversary Gala along with Commissioners Taylor and Hirsch. He also attended the Porfola Block Party and commended Commander Lazar and his team for a good job.

Commissioner Hamasaki announced that this Sunday is the 150th Italian Heritage

Parade in North Beach and announced that this year's Grand Marshall is Commissioner Mazzucco.

d. Commission announcements and scheduling of items identified for consideration at a future Commission meeting

Commissioner DeJesus would like a status update regarding criminalizing the homeless.

Sergeant Kilshaw announced that next week's meeting will be at City Hall and announced that on Oct 17th, the Commission will meet in the Taraval at St. Ignatius High School starting at 6 p.m.

PUBLIC COMMENT

Ed talked about property crimes and discussed HSOC.

Page 8: SEPTEMBER 12, 2018 REGULAR MEETING...SEPTEMBER 12, 2018 REGULAR MEETING The Police Commission of the City and County of San Francisco met in Room 400, City Hall, #1 Dr. Canton B. Goodlett

DISCUSSION AND POSSIBLE ACTION TO APPROVE ISSUANCE OF DEPARTMENT BULLETIN 18-171, PER DGO 3.01, MODIFYING DEPARTMENT GENERAL ORDER 5.01, "USE OF FORCE."

Deputy Chief Connolly introduced Sgt. Youngblood who presented Department Bulletin 18-171.

PUBLIC COMMENT Unidentified spoke of what's on paper doesn't mean it's reality.

Motion by Commissioner Hamasaki, second by Commissioner DeJesus. Approved 7-0.

RESOLUTION 18-73

APPROVAL TO ISSUE DEPARTMENT BULLETIN 18-171, "UPDATED SUPERVISORY USE OF FORCE EVALUATION FORM" MODIFYING DEPARTMENT GENERAL ORDER 5.01, "USE OF FORCE"

RESOLVED, that the Police Commission hereby approves the issuance of Department Bulletin 18-171, "Updated Supervisory Use of Force Evaluation Form,"

modifying Department General Order 5.01, "Use of Force."

AYES: Commissioners Mazzucco, DeJesus, Hirsch, Hamasaki, Elias, Brookter, Taylor

PUBLIC COMMENT

Mark Dwight, Friends of Dogpatch Hub, spoke of the Old Potrero Station and

asked the Commission for their support to turn the station into a community center.

Darryl Rapier, Friends of Dogpatch Hub, spoke of how to save the Old Potrero Station and transform it to a community center.

Catherine Gimine, Friends of Dogpatch Hub, spoke of turning the old Potrero Station into a community center.

Ms. Paulette Brown spoke of her son's homicide in August 14, 2006 and spoke

of how the investigator have not contacted her. She went on to show names of perpetrators and photos of her son. She asked for a permanent place to hang the

bulletins. Unidentified spoke of how the Commission is not responsive and how the

Department is not responsive.

PUBLIC COMMENT ON ALL MATTERS PERTAINING TO ITEM 9 BELOW, CLOSED SESSION, INCLUDING PUBLIC COMMENT ON ITEM 8 WHETHER TO HOLD ITEM 9 IN CLOSED SESSION AND WHETHER TO ASSERT THE ATTORNEY-CLIENT PRIVILEGE WITH REGARDS TO ITEM 9(a) & (b)

None

VOTE ON WHETHER TO HOLD ITEM 9 IN CLOSED SESSION, INCLUDING VOTE ON WHETHER TO ASSERT THE ATTORNEY-CLIENT PRIVILEGE WITH REGARD TO ITEM 9(a) & (b)

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

CLOSED SESSION (7:45 p.m.)

CONFERENCE WITH LEGAL COUNSEL— PENDING LITIGATION. SAN FRANCISCO POLICE OFFICERS' ASSOCIATION et al., V. CITY AND COUNTY OF SF, ET AL, San Francisco Superior Court, Case No. CPf-18-516295, filed August 15, 2018 (Present: Commissioners Mazzucco, DeJesus, Elias, Hamasaki, Brookter, Taylor, Chief

Scott, Deputy City Attorney Cabrera, Deputy City Attorney Mongan, Deputy City

Attorney Koski, Sergeant Kilshaw, Sergeant Ware, Officer Jones, Risa Tom)

Page 9: SEPTEMBER 12, 2018 REGULAR MEETING...SEPTEMBER 12, 2018 REGULAR MEETING The Police Commission of the City and County of San Francisco met in Room 400, City Hall, #1 Dr. Canton B. Goodlett

CONFERENCE WITH LEGAL COUNSEL — PENDING LITIGATION. RAIN 0. DAUGHERTY V. CCSF, ET AL., File No. CPF 15-514302, filed May 11,2015 (Present: Commissioners Mazzucco, DeJesus, Elias, Hamasaki, Brookter, Taylor, Deputy City Attorney Mongan, Sergeant Kilshaw, Sergeant Ware, Officer Jones, Risa Tom)

PERSONNEL EXCEPTION: Discussion and possible action to dismiss disciplinary charges filed in case no. ALW IAD 2015-0092 in light of settlement, or take other action, if necessary (Present: Commissioners Mazzucco, DeJesus, Elias, Hamasaki, Brookter, Taylor, Deputy

City Attorney Mongan, Sergeant Kilshaw, Sergeant Ware, Officer Jones, Risa Tom)

PERSONNEL EXCEPTION: Assignment of an Appeal of the Chief's Suspension filed in Case No. ALW IAD 2017-0098 to an individual Commissioner for the taking of evidence on a date to be determined by the Commissioner (Present: Commissioners Mazzucco, DeJesus, Elias, Hamasaki, Brookter, Taylor, Deputy City Attorney Mongan, Sergeant Kilshaw, Sergeant Ware, Officer Jones, Risa Tom, Attorney Betz, Ret. Captain Chignell, member involved)

PERSONNEL EXCEPTION: Status and calendaring of pending disciplinary cases (Present: Commissioners Mazzucco, DeJesus, Elias, Hamasaki, Brookter, Taylor, Deputy

City Attorney Mongan, Sergeant Kilshaw, Sergeant Ware, Officer Jones, Risa Tom)

OPEN SESSION (8:15 p.m.)

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

Motion by Commissioner Elias, second by Commissioner DeJesus for non-

disclosure. Approved 7-0.

ADJOURNMENT

Motion by Commissioner Elias, second by Commissioner Hamasaki. Approved 7-0.

Thereafter, the meeting was adjourned at 8:19 p.m.

Sergeant Rachael Kilshaw

Secretary San Francisco Police Commission

Page 10: SEPTEMBER 12, 2018 REGULAR MEETING...SEPTEMBER 12, 2018 REGULAR MEETING The Police Commission of the City and County of San Francisco met in Room 400, City Hall, #1 Dr. Canton B. Goodlett

OCTOBER 10, 2018 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 Mazzucco, DeJesus, Hirsch, Hamasaki, Elias, Brookter, Taylor

REPORTS TO THE COMMISSION

a. Chief's Request Weekly crime trends Staffing and Overtime (Status of current staffing levels and overtime expenditures to date for Fiscal Year 2018-19) Community Engagement Division Highlights (Provide an overview of recent activities coordinated by Community Engagement Division and an update on the Division's Strategic Plan as featured as a topic on the International Association of Chiefs of Police's Community-Police Relations website) Significant Incidents

Chief Scott reported on crime trends and major events. The Chief stated that

homicides are at 38 for the year. As far as overtime, the Department is below budget by one percent. Staffing is at 2278 total sworn, full duty 1829, which is seven percent

below mandated number of 1971.

The Chief reported on Community Engagement highlights including Chinatown Night Out, Community Policing Academy started in September, Team Up Project is a project with the SF 49ers, Disaster Preparedness Fair, Alert Training, MADD Walk, and Annual Portola Party. The Chief then talked about an article in the IACP Police Chiefs website that talked about the Department's Community Policing Strategic Plan.

DPA Director's Report Report on recent DPA activities, and announcements

Ms. Sarah Hawkins, Chief of Staff, on behalf of Director Henderson, has

participated in Juvenile Probation Meet & Greet, the Resilient Bayview Neighbor Fest,

and the 4th Annual SF Adult Probation Cares event. She announced the promotion of four investigators to senior investigators. She also announced that two of the new lawyers will be starting on Oct 29th and Nov 5th. She also talked about attending the

NACOLE conference in Florida.

c. Commission Reports Commission President's Report Commissioners' Reports

Commissioner Mazzucco thanked the members of the Department who participated in the Italian Heritage Parade.

Commissioner DeJesus spoke of attending the Italian Heritage Parade and

thanked Commissioner Mazzucco for being one of the grand marshals of the parade.

d. Commission announcements and scheduling of items identified for consideration at a future Commission meeting

Sgt. Ware announced that the commission will meet next week in the Taraval

District, at St. Ignatius High School, starting at 6 p.m. The next meeting at City Hall will be on November 7th.

Commissioner Mazzucco would like to agendize for discussion what the role of the Department is in the opiate addictions and problems happening on the streets.

Commissioner Taylor also would like to know what the Department is doing to help kids safe in dealing with the opioid crisis.

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Commissioner DeJesus would like to be briefed regarding new legislations about

police records and body worn camera footage. Deputy City Attorney responded that

DCA Koski is preparing a memo for the Commissioners.

PUBLIC COMMENT John Jones discussed concerns about the Chief's report and spoke of property

crimes and social decay. He spoke of how the Police Department is useless. Ms. Paulette Brown spoke of how the homicides are down and spoke of how

people are still suffering and what can be done with unsolved homicides. Kelly Cutler spoke of criminalizing the homeless and spoke of Healthy Streets

Operation Centers and how it doesn't have resources. (document submitted)

APPROVAL OF THE AWARDS COMMITTEE RECOMMENDATIONS FROM THE AWARDS COMMITTEE MEETING OF JUNE 19, 2018 RECOGNIZING MEMBERS OF THE DEPARTMENT FOR THEIR ACTIONS IN THE LINE OF DUTY

Commissioner Mazzucco presented the Awards Committeesecommendations

and explained the process to the Commission.

PUBLIC COMMENT

None

Motion by Commissioner Hirsch, second by Commissioner DeJesus. Approved

7-0.

RESOLUTION 18-76

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

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

June 19, 2018; and

WHEREAS, Chief of Police William Scott 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; therefore, be it

RESOLVED, that Sergeants Joseph McCloskey, Michael Koniaris, Officers

Reynaldo Serrano, Paul Dominguez, James Trail, and Nathan Chew are hereby awarded the Gold Medal of Valor and granted a reward of $1,500.00, as provided for under said

section of the Charter; and be it further

RESOLVED, that Sergeants Joseph Fischer, Mark Obrochta, Officers Eduard Ochoa, Christopher Cotter, Ryan McEachern, James Johnson, Omar Alvarenga, Gordon

Wong, Kurt Macaulay, Robert Kellogg, Tracy Turner, Carolyn Gassen, Ronald Kuchac, and Kwanjai Laokwansathitaya 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 Thomas Maguire, Officers Donn Peterson, Michael

Tursi, Thomas Anderson, Ryan Champlin, Kamakana Alvaro, Jeremy Cummings, Cornelius Keating, Victor Custodio, and Nicholas Urbano are hereby awarded Bronze Medals of Valor and granted rewards of $500.00 each, as provided for under said

section of the Charter; and be it further

RESOLVED, that the following members are awarded the Meritorious Conduct

Award and granted rewards of $200.00, as provided for under said section of the Charter: Inspector John Cagney, Officers Albert Lieu, Brian Guiney, Britt Elmore, Eric

Perez, Gary Moriyama, Michael Tursi, Sergeants Aaron Foltz, Alejandro Cortez, Carl Bonner, Christopher Dunne, Conroy Tam, Domenico Discenza (x2), Jon Kasper (x2), Kyra

Delaney (x3), Mark Hutchings, Matthew Dudley, Matthew Mason (x3), Nicholas Chorley

(x2), Phillip Gordon, Robert Trujillo, Stephen Benzinger, Stephen Jonas (x3), and Thomas

Maguire (x3).

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AYES: Commissioners Mazzucco, DeJesus, Hirsch, Hamasaki, Elias, Brookter, Taylor

PUBLIC COMMENT

Ace Washington showed a picture of the Chief taken at the Juneteenth Festival. He spoke of being back at City Hall.

John Jones spoke of losing the cultural war. Ms. Paulette Brown spoke of her son's cold case and spoke of talking to her

son's case investigator and why is his case still not solve. She asked for a venue to post her son's bulletins.

PUBLIC COMMENT ON ALL MATTERS PERTAINING TO CLOSED SESSION, INCLUDING PUBLIC COMMENT ON VOTE WHETHER TO HOLD CLOSED SESSION

None

VOTE ON WHETHER TO HOLD CLOSED SESSION

Motion by Commissioner DeJesus, second by Commissioner Hamasaki. Approved 7-0.

CLOSED SESSION (6:22 p.m. — 7:31 p.m.)

PERSONNEL EXCEPTON: Pursuant to Government Code Section 54957(b)(1) and SF Administrative Code Section 67.10(b) and Penal Code Section 832.7: Assignment of disciplinary charges filed in case no. DPA 025246 IAD 16-002 to an individual Commissioner for the taking of evidence on a date to be determined by the Commissioner (Present: Commissioners Mazzucco, DeJesus, Hirsch, Hamasaki, Elias, Brookter, Taylor, Commander O'Sullivan, Deputy City Attorney Mongan, Sgt. Ware, Officer Jones, Risa Tom, Attorney Thompson, Attorney Hinckley, Ret. Captain Chignell, member involved)

PERSONNEL EXCEPTON: Pursuant to Government Code Section 54957(b)(1) and SF Administrative Code Section 67.10(b) and Penal Code Section 832.7: Discussion and possible action to accept or deny settlement agreement filed in case no. IAD 2017-0283 or take other action, if necessary (Present: Commissioners Mazzucco, DeJesus, Hirsch, Hamasaki, Elias, Brookter, Taylor, Chief Scott, Commander O'Sullivan, Deputy City Attorney Mongan, Sgt. Ware, Officer Jones, Risa Tom, Attorney Worsham, Attorney Berry-Wilkinson, Ret. Captain Chignell, member involved)

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

PERSONNEL EXCEPTON: Pursuant to Government Code Section 54957(b)(1) and SF Administrative Code Section 67.10(b) and Penal Code Section 832.7: Status conference and/or possible setting of hearing date on disciplinary charges filed in case no. IAD 2015-0076 PERSONNEL EXCEPTON: Pursuant to Government Code Section 54957(b)(1) and SF Administrative Code Section 67.10(b) and Penal Code Section 832.7: Status conference and/or possible setting of hearing date on disciplinary charges filed in case no. IAD 2015-0084 PERSONNEL EXCEPTON: Pursuant to Government Code Section 54957(b)(1) and SF Administrative Code Section 67.10(b) and Penal Code Section 832.7: Status conference and/or possible setting of hearing date on disciplinary charges filed in case no. IAD 2015-0036 PERSONNEL EXCEPTON: Pursuant to Government Code Section 54957(b)(1) and SF Administrative Code Section 67.10(b) and Penal Code Section 832.7: Status conference and/or possible setting of hearing date on disciplinary charges filed in case no. IAD 2015-0038 PERSONNEL EXCEPTON: Pursuant to Government Code Section 54957(b)(1) and SF Administrative Code Section 67.10(b) and Penal Code Section 832.7:

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Status conference and/or possible setting of hearing date on disciplinary charges filed

in case no. IAD 2015-0087 (Present: Commissioners Mazzucco, DeJesus, Hirsch, Hamasaki, Elias, Brookter, Taylor, Chief Scott, Commander O'Sullivan, Deputy City Attorney Mongan, Sgt. Ware, Officer

Jones, Risa Tom, Attorney Worsham, Attorneys Rain, Berry-Wilkinson, Brass, Burrell,

Fox, Ret. Captain Chignell, two members involved)

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

& Associates)

PERSONNEL EXCEPTON: Pursuant to Government Code Section 54957(b)(1) and SF Administrative Code Section 67.10(b) and Penal Code Section 832.7: Status and calendaring of pending disciplinary cases Present: Commissioners Mazzucco, DeJesus, Hirsch, Hamasaki, Elias, Brookter, Taylor,

Chief Scott, Commander O'Sullivan, Deputy City Attorney Mongan, Sgt. Ware, Officer

Jones, Risa Tom)

OPEN (7:31 p.m.)

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

Motion by Commissioner Hirsch, second by Commissioner Brookter for non-

disclosure. Approved 7-0.

ADJOURNMENT

Motion by Commissioner Taylor, second by Commissioner Brookter. Approved

7-0.

Thereafter, the meeting was adjourned at 7:31 p.m.

Sergeant Rachael Kilshaw

Secretary San Francisco Police Commission

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OCTOBER 17, 2018 REGULAR MEETING

The Police Commission of the City and County of San Francisco met in the Taraval District, St. Ignatius College Preparatory, Doris Duke Wall Choral Room, 2001 37th Street, in San Francisco, at 6:02 p.m.

PRESENT: Commissioners Mazzucco, Deiesus, Hirsch, Hamasaki, Elias, Brookter, Taylor

(Commissioner Taylor arrived at 6:08 p.m.)

Commissioner Mazzucco welcomed the public and asked the Commissioners to introduce themselves.

REPORTS AND ANNOUNCEMENTS CHIEF'S REPORT

Weekly crime trends (Provide an overview of offenses occurring in San Francisco) Significant Incidents (Chief's report will be limited to a brief description of the significant incidents. Commission discussion will be limited to determining whether to calendar any of the incidents the Chief describes for a future commission meeting.)

Chief Scott thanked St. Ignatius High School for hosting the meeting. The Chief gave a brief bio. He went on to introduce Assistant Chief Sainez, who is present. He then gave a brief overview of the Police Department and then gave a brief update on

crime statistics. Chief Scott introduced Deputy Chief Redmond and Commander Mannix, who were also present.

Director Henderson addressed the Commission and the public. He gave a brief bio and described the duties and responsibilities of the Department of Police Accountability.

CAPTAIN RICHARD YICK, COMMANDING OFFICER OF TARAVALL STATION, TO ADDRESS THE COMMISSION ON POLICE ACTIVITIES IN THE TARAVAL DISTRICT, STAFFING, COMMUNITY POLICING, AND TARAVAL STATON DEMOGRAPHICS

Captain Yick thanked St. Ignatius High School, William Goche, Marybeth

McFarland, and Father Reese. Captain Yick then addressed the Commission on police activities in the Taraval and described the district's demographics.

PUBLIC COMMENT

Mary Harris, OMI, commended Captain Yick and the officers of Taraval Station. She went on to thank the people who attended National Night Out, SF Safe, and the DA's office.

Bill Barnicle commended Captain Yick for his work with the merchants and the community.

Chris Carlton, SI student, asked the Commission as to what they do day-to-day, how often the Commission meet and how many Commission members.

Ms. Paulette Brown spoke of her son's unsolved homicide. Mike Magdul spoke of Prop 47 and crime stats and asked about comparison

before and after prop 47.

Charles, senior at SI, talked about crisis intervention training and asked about implicit bias training.

Wendy Wong, SF Coalition for Good Neighborhoods, thanked Captain Yick for keeping the neighborhood informed. She also commended the officers for their work on human trafficking. She went on to ask representation for the Chinese community from the Commission.

Ella Vaughn asked about gang recruitment around Lincoln High School and asked how this issue is handled by the officers.

Noelle, senior at SI, asked what validates the commissioners, being civilians and not officers, to change police policies.

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Marybeth McFarland, Director of Security, asked about hate crimes and is it part

of the academy training. Catherine Kerrigan, Senior at SI, asked about the DOJ recommendations and

what steps are taken to act on those recommendations. Unidentified asked about the use of tasers and the process to authorize the use

of tasers. Unidentified asked about traffic collisions and self-driving cars.

ADJOURNMENT

Commissioner Mazzucco thanked St. Ignatius High School for hosting the

meeting.

Motion by Commissioner Elias, second by Commissioner Taylor. Approved 7-0.

Thereafter, the meeting was adjourned at 8:01 p.m.

Sergeant Rachael Kilshaw

Secretary San Francisco Police Commission

/rct