NOVEMBER 7, 2012 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 5:35 p.m.
PRESENT: Commissioners Mazzucco, Marshall, DeJesus, Chan, Kingsley, Turman, Loftus
CONSENT CALENDAR
- Request of Captain David Lazar to accept gifts of seven (7) Puma Bags, 7 belts, 7 lanyards, 7 water bottles, and 7 hats, from Khiron Security, valued at approximately $875.00, for use of the SF Police Activities League Law Enforcement Cadet Program
PUBLIC COMMENT
None
Motion by Commissioner Kingsley, second by Commissioner Chan. Approved 7-0.
RESOLUTION NO. 12-57
APPROVAL OF THE REQUEST OF CAPTAIN DAVID LAZAR TO ACCEPT GIFTS OF SEVEN (7) PUMA BAGS, 7 BELTS, 7 LANYARDS, 7 WATER BOTTLES, AND 7 HATS, FROM KHIRON SECURITY, VALUED AT APPROXIMATELY $875.00, FOR USE OF THE SF POLICE ACTIVITIES LEAGUE LAW ENFORCEMENT CADET PROGRAM
RESOLVED, that the Police Commission hereby approves the request of Captain David Lazar to accept gifts of seven (7) Puma bags, 7 belts, 7 lanyards, 7 water bottles, and 7 hats, from Khiron Security, valued at approximately $875.00, for use of the SF Police Activities League Law Enforcement Cadet Program.
AYES: Commissioners Mazzucco, Marshall, DeJesus, Chan, Kingsley, Turman, Loftus
PUBLIC COMMENT
Mike Petrellis discussed concerns regarding the Mission Station and Captain Moser and Officer Limbert at a meeting at Mumsy.
Clyde discussed concerns regarding Officer Limbert and went on to compliment Director Hicks.
REPORTS AND ANNOUNCEMENTS
a. Chief’s Report
- Review of recent activities
- Calendar and scheduling of community meetings regarding less lethal weapons
- Presentation of the 3
rd Quarter 2012 FDRB Findings & Recommendations
- Presentation of the OIS Investigative Summary
- Update on the timeline regarding DGO 5.05, "Response & Pursuit Driving"
Chief Suhr gave a brief update regarding a very busy month of October. The Chief also gave a brief update on crime statistics.
Chief Suhr also talked about Drug Court. He went on to give a brief update in regards to DGO 5.05.
Sergeant Crudo presented the FDRB Findings and Recommendations and the OIS Investigative Summary reports.
b. OCC Director’s Report
- Review of recent activities
- Presentation of the monthly Comprehensive Statistical Reports & Companion Reports for the periods January 1, 2012 through October 31, 2012 & January 1, 2011 through October 31, 2011, Mediation of Complaints in October 2012, & Adjudication of Sustained Complaints in October 2012
Director Hicks introduced new OCC Investigator Sara Maunder. Director Hicks then went on to present the report on adjudication of sustained complaints for the month of October.
c. Commission Reports
- Commission President’s Report
- Commissioners’ Reports
Commissioner Mazzucco spoke in regards to the recent World Series Parade and actions by the police. He also talked about recent graduation of laterals.
Commissioner Mazzucco also talked about the retirement of Deputy Chief Cashman and Officer Kevin Martin of the POA.
Commissioner Kingsley spoke regarding her recent ride-along in the Northern District.
Commissioner Marshall thanked the Chief, Director Hicks, and his fellow commissioners who attended the 25
th Anniversary of the Omega Boys Club.
d. Commission Announcements and scheduling of items identified for consideration at future Commission meetings
Insp. Monroe announced the meeting in the Richmond on the 28
th of November, starting at 6 p.m., at the Roosevelt Middle School, 460 Arguello Street.
Public comment
None
DISCUSSION AND POSSIBLE ACTION TO APPOINT MOISES ROMERO AS ASSISTANT PATROL SPECIAL OFFICER TO PATROL SPECIAL OFFICER CALVIN WILEY OR TO TAKE OTHER ACTION REGARDING REQUEST FOR APPOINTMENT
Sergeant Jusino, Patrol Special Officers liaison, stated that the backgrounds have been approved and the Department is recommending their appointment.
Commissioner Kingsley requested that this application be put over, second by Commissioner Loftus. Approved 7-0.
DISCUSSION AND POSSIBLE ACTION TO APPOINT DAVID RANDALL CABRERA AS ASSISTANT PATROL SPECIAL OFFICER TO PATROL SPECIAL OFFICER SCOTT HART OR TO TAKE OTHER ACTION REGARDING REQUEST FOR APPOINTMENT
Motion by Commissioner DeJesus, second by Commissioner Chan to approve this application. Approved 7-0.
RESOLUTION NO. 12-58
APPROVAL TO APPOINT DAVID RANDALL CABRERA AS ASSISTANT PATROL SPECIAL OFFICER TO PATROL SPECIAL OFFICER SCOTT HART
RESOLVED, that the Police Commission hereby approves the appointment of David Randall Cabrera as Assistant Patrol Special Officer to Patrol Special Officer Scott Hart.
AYES: Commissioners Mazzucco, Marshall, DeJesus, Chan, Kingsley, Turman, Loftus
DISCUSSION AND POSSIBLE ACTION TO APPOINT EDWARD YIM AS ASSISTANT PATROL SPECIAL OFFICER TO PATROL SPECIAL OFFICER SCOTT HART OR TO TAKE OTHER ACTION REGARDING REQUEST FOR APPOINTMENT
Motion by Commissioner Chan, second by Commissioner Kingsley to put this application over. Approved 7-0.
PUBLIC COMMENT ON ALL MATTER PERTAINING TO CLOSED SESSION
None
VOTE ON WHETHER TO HOLD CLOSED SESSION
Motion by Commissioner Marshall, second by Commissioner Kingsley. Approved 7-0.
CLOSED SESSION
(6:25 p.m. – 8:25 p.m.)
a. CONFERENCE WITH LEGAL COUNSEL – Existing Litigation
Bryant Vestal v. CCSF, et al., S.F. Superior Court No. CGC-11-507921, filed 2/3/11
(Present: Commissioners Mazzucco, Marshall, DeJesus, Chan, Kingsley, Turman, Deputy City Attorney Porter, Deputy City Attorney Blits, Chief Suhr, Deputy Chief Biel, Captain McEachern, Inspector Monroe, Sergeant Kilshaw, Risa Tom)
RESOLUTION NO. 12-59
BRYANT VESTAL v. CCSF ET. AL.
RESOLVED, that the recommendation of the City Attorney for settlement in the litigation of ABryant Vestal v. CCSF, et al.," in San Francisco Superior Court Case No. CGC-11-507921, be, and the same is hereby approved.
Date of Incident: September 3, 2010
AYES: Commissioners Mazzucco, Marshall, DeJesus, Chan, Kingsley, Turman, Loftus
b. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Chief of Police
Review of findings and Chief’s decision to return officer to duty following officer-involved shooting (OIS Case No. 12-006)
(Present: Commissioners Mazzucco, Marshall, DeJesus, Chan, Kingsley, Turman, Loftus, Deputy City Attorney Porter, Deputy City Attorney Blits, Chief Suhr, Deputy Chief Biel, Captain McEachern, Inspector Monroe, Sergeant Kilshaw, Risa Tom, Lt. Yick, Sergeant Crudo, Sgt. Payne, Attorney Alden)
c. PERSONNEL EXCEPTION: Assignment of disciplinary charges filed in Case No. IAD 2011-0229, to an individual Commissioner for the taking of evidence on a date to be determined by the Commissioner
(Present: Commissioners Mazzucco, Marshall, DeJesus, Chan, Kingsley, Turman, Loftus, Deputy City Attorney Blits, Chief Suhr, Deputy Chief Biel, Captain McEachern, Inspector Monroe, Sergeant Kilshaw, Risa Tom, Attorney Alden, Attorney Stiglich) Resolution No. 12-60
Assigned to Commissioner Turman
d. PERSONNEL EXCEPTION: Decision to return disciplinary charges filed in Case No. RMW C08-111 to the Chief’s level per disposition agreed to by the Chief and the parties
(Present: Commissioners Mazzucco, Marshall, DeJesus, Chan, Kingsley, Turman, Loftus, Deputy City Attorney Blits, Chief Suhr, Deputy Chief Biel, Captain McEachern, Inspector Monroe, Sergeant Kilshaw, Risa Tom, Director Hicks, Attorney Lassart, Attorney Fraenkel, Investigator Maunder, and member involved) Resolution No. 12-61
Commissioners Mazzucco and Loftus are recused.
(Taken in shorthand form by Ms. Anna Greenley, CSR., Roomian & Associates)
e. PERSONNEL EXCEPTION: Discussion and possible action to decide penalty on a sustained specification filed in Case No. JWA C11-194/IAD 2010-0210, or take other action
(Present: Commissioners Mazzucco, Marshall, DeJesus, Chan, Kingsley, Turman, Loftus, Deputy City Attorney Blits, Chief Suhr, Deputy Chief Biel, Captain McEachern, Inspector Monroe, Sergeant Kilshaw, Risa Tom, Attorney Alden, Attorney Stiglich, member involved)
(Taken in shorthand form by Ms. Anna Greenley, CSR., Roomian & Associates)
f. PERSONNEL EXCEPTION: Status and calendaring of pending disciplinary cases
No discussion
OPEN SESSION
VOTE TO ELECT WHETHER TO DISCLOSED ANY OR ALL DISCUSSION HELD IN CLOSED SESSION
Motion by Commissioner Kingsley, second by Commissioner Turman for non disclosure. Approved 7-0.
ADJOURNMENT
Motion by Commissioner Mazzucco to adjourn the meeting in honor of Retired Deputy Chief Cashman and Retired Officer Kevin Martin, second by Commissioner Marshall. Approved 7-0.
Thereafter, the meeting was adjourned at 8:20 p.m.
__________________________________________
Inspector John Monroe
Secretary
San Francisco Police Commission
1345/rct