The Commission will hold its Community Meeting at the Northern District, Rosa Parks Elementary School, 1501 O'Farrell Street, San Francisco, at 6:00 p.m., on Wednesday, February 23, 2005, to hear comments from the public and Northern Captain Kevin Dillon concerning public protections issues in the Northern District.
FEBRUARY 9, 2005 CLOSED SESSION
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 5:00 p.m., in Closed Session.
PRESENT: Commissioners Renne, Orr-Smith, Keane, Sparks, Marshall
ABSENT: Commissioners Chan, Veronese
PUBLIC COMMENT ON ALL MATTERS PERTAINING TO CLOSED SESSION
VOTE ON WHETHER TO HOLD CLOSED SESSION TO CONFER WITH LEGAL COUNSEL. (SAN FRANCISCO ADMINISTRATIVE CODE SECTION 67.10(d)
Motion by Commissioner Keane to hold Closed Session, second by Commissioner Orr- Smith. Approved 5-0.
CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 AND SAN FRANCISCO ADMINISTRATIVE CODE SECTION 67.10(d)
CONFERENCE WITH LEGAL COUNSEL
a. Mary Jane Gregory v. City and County of San Francisco, San Francisco Superior Court No. 417-384
FEBRUARY 9, 2005 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., in a Regular Meeting.
PRESENT: Commissioners Renne, Orr-Smith, Chan,Keane, Sparks, Marshall, Veronese
Commissioner Veronese arrived at 5:22 p.m. and Commissioner Chan arrived at 5:38 p.m.
VOTE TO ELECT WHETHER TO DISCLOSE ANY OR ALL DISCUSSION HELD IN CLOSED SESSION (SAN FRANCISCO ADMINISTRATIVE CODE SECTION 67.12(a))
Motion by Commissioner Orr-Smith for non disclosure of any or all discussion held in Closed Session. Second by Commissioner Keane. Approved 5-0.
APPROVAL OF CONSENT CALENDAR
Motion by Commissioner Keane to approve Consent Calendar. Second by Commissioner Marshall. Approved 4-0.
RESOLUTION NO. 8-05
MARY JANE GREGORY v. CITY AND COUNTY OF SAN FRANCISCO
RESOLVED, that the recommendation of the City Attorney for settlement of the litigation of "Mary Jane Gregory v. City and County of San Francisco, in San Francisco Superior Court No. 417-384, be, and the same is hereby approved.
Date of Incident: February 15, 2002
AYES: Commissioners Orr-Smith, Keane, Marshall, Sparks
ABSENT: Commissioners Chan, Veronese
RECUSE: Commissioner Renne
Mr. H. Brown, SF Bulldog, discussed concerns regarding the Commission meetings being off the air and discussed concerns regarding press passes.
HEARING ON THE MOTION TO DISMISS DISCIPLINARY CHARGES
Deferred to 6:00 p.m. time certain.
a. Review of Recent Activities
Chief Fong announced that General Orders 3.10 and 8.11 will be on the calendar next week. She introduced Captain Keohane to brief the Commission on a Department Bulletin that have been issued to clarify until next week when the general order will be adopted.
Captain Keohane, Risk Management, explained that on February 2nd, the Commission raised the question as to the length of time an officer is placed in administrative assignment after involvement in an officer-involved shooting. This question was raised due to a conflict in the current general order 8.11 and the Department's past practice.
Captain Keohane stated that the current DGO prescribes that members shall be placed on administrative leave until the investigation is completed. Past practice has been that officers are assigned to administrative duties for a minimum of three days and then returned to field duty.
He stated that the Department is aware of the conflict and is addressing the issues in Department General Order 8.11 which will be presented to the Commission next week. However, to avoid confusion in the interim, the Department drafted a Department Bulletin which can amend or supplement a Department General Order to reflect the past practice and also reflect the professional standards that are in place in six major California Law Enforcement Agencies. Captain Keohane stated that this policy has been reviewed by the OCC and the POA as part of ongoing discussions in General Order 8.11.
Commissioner Keane thanked the Captain for addressing the issue. He expressed concern that there is a general order in place and the general order states that when there is an officer-involved shooting, an officer would be reassigned to administrative leave. He stated that there is on the books a general order, an order to the Department, and it's like a law that's on the books and until it's repealed, changed, or modified by this Commission, it is an order.
Captain Keohane read Department General Order 3.01, Department Bulletins. Department Bulletins are issued by the Chief of Police and are distributed Department wide. Department Bulletins may contain directives, general information, training information, special orders, event orders or deployments. It may supplement or amend Department General Orders. Captain Keohane explained that the reason for this written into the Department General Orders is because it takes a long time to amend a general order.
Commissioner Keane expressed concern that if tomorrow there is an officer-involved shooting and the Department would go ahead and put an officer on three days reassignment and the investigation weren't complete within those three days according to the order and the officer were then reassigned to regular duties, the Commission would be in position of the Police Department violating general orders.
Commissioner Sparks stated the she agrees with Commissioner Keane and referred to General Order 3.01, paragraph 1, which says that Department General Orders are the most authoritative directive adopted or amended by the Police Commission after a public hearing and remain in effect until amended, superceded, or rescinded. She stated that there is a discrepancy in DGO 3.01 between what she just read and what the Captain read.
Frank del Campo, Local 790, discussed concerns with the difference in treatment of sworn members and the treatment of civilian employees.
OCC DIRECTOR'S REPORT
a. Review of Recent Activities
Director Allen deferred his comments for Item #7, Hearing on Motion to Dismiss Disciplinary Charges.
Commissioner Orr-Smith asked for the Department's Efficiency Plan.
SCHEDULING OF ITEMS IDENTIFIED FOR CONSIDERATION AT FUTURE COMMISSION MEETINGS
Commissioner Renne announced that next week Department General Order 8.11 will be discussed. The budget will also be calendared.
Commissioner Sparks asked for a discussion in regards to cameras in patrol cars.
Elvira Pollard, mother of Gustavos Rugley, asked that the Mayor or his representative be present during the meeting.
Commissioner Renne announced that the Commission will take a five minute break and that Commissioner Keane will be excused at this time.
HEARING ON MOTION TO DISMISS DISCIPLINARY CHARGES
DISCUSSION AND POSSIBLE ACTION TO GRANT OR DENY MOTION TO DISMISS DISCIPLINARY CHARGES FILED AGAINST CAPTAIN GREGORY CORRALES (FILE NO. C04-123 JWF), LIEUTENANT HENRY PARRA, JR. (FILE NO. C04-124 JWF), LIEUTENANT EDMUND J. COTA (FILE NO. C04-120 JWF), SERGEANT JOHN F. SYME (FILE NO. C04-121 JWF), INSPECTOR PAUL FALCONER (FILE NO. C04 119 JWF), OFFICER GENE P. CORNYN (FILE NO. C04-125 JWF), AND OFFICER DANIEL MILLER (FILE NO. C04-122 JWF) UNDER GOVERNMENT CODE 3304(d)
(These proceedings were taken in shorthand form by Ms. Anna C. Greenley, CSR, Roomian & Associates.)
Opening statements were made by Mr. Arthur Wachtel, Mr. James Lassart, Mr. Bill Fazio, and Mr. Peter Furst for the officers and by Ms. Jean Field for the OCC and the Department.
Francisco Decosta discussed concerns regarding timeliness of investigations and adjudication of cases.
Motion by Commissioner Veronese to go into Closed Session, second by Commissioner Marshall. Approved 6-0.
The Commission went into Closed Session and reconvened to Open Session.
VOTE WHETHER TO DISCLOSE ANY OR ALL OF THE DISCUSSION HELD IN CLOSED SESSION PURSUANT TO S.F. ADMINISTRATIVE CODE SECTION 67.12(a)
Motion by Commission Veronese for non disclosure of discussion held in Closed Session. Second by Commissioner Marshall. Approved 6-0.
Commissioner Renne announced that the motions are denied for the reasons stated by counsel for the OCC.
Thereafter, the meeting was adjourned.
Sergeant Joseph Reilly
San Francisco Police Commission