March 26, 2014

MARCH 26, 2014 REGULAR MEETING

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

Tenderloin District, Recreation Center, 201 Turk Street, San Francisco, at 6:00 p.m.

PRESENT: Commissioners Mazzucco, Turman, Marshall, DeJesus, Chan, Loftus

Commissioner Mazzucco welcomed the audience and asked the Commissioners

to introduce themselves.

Motion by Commissioner Chan, second by Commissioner Loftus.

Approved 4-0.

Chief Suhr addressed the audience and updated the Commission on recent

events in the city including FBI arrests made this morning and are federal in nature. The

Chief also spoke in regards to an officer-involved shooting where Mr. Nieto lost his life

and spoke of a town hall meeting held last night in regards to this incident. The Chief

also spoke in regards to the arrest of the individual responsible for shooting several

victims in the Tenderloin.

Ms. Inez Fraenkel, for Director Hicks, addressed the audience and went on to

describe the duties and responsibilities of the OCC.

Commissioner Mazzucco announced that he attended the Lateral Graduation

last Friday and attended the town hall meeting in regards to the officer-involved

shooting.

Commissioner DeJesus spoke in regards to the town hall meeting last night.

Commissioner Chan also spoke in regards to the town hall meeting and meeting

in regards to patrol special rules.

Commissioner Loftus spoke in regards to the town hall meeting.

- Assignment of disciplinary charges filed against Patrol Special Officer

Serge White, File No. ALW IAD Case No. 2013-0214, to an individual

Commissioner for the taking of evidence on a date to be determined by

the Commissioner

- Assignment of disciplinary charges filed against Patrol Special Officer

Calvin Wiley, File No. ALW IAD Case No. 2013-0305, to an individual

Commissioner for the taking of evidence on a date to be determined by

the Commissioner

- Assignment of disciplinary charges filed against Patrol Special Officer

Alan Byard, File No. ALW IAD Case No. 2013-0155, to an individual

Commissioner for the taking of evidence on a date to be determined by

the Commissioner

All three assigned to Commissioner Mazzucco.

WHEREAS, the assignment of a Commissioner and setting of a date for hearing

on disciplinary charges filed against Patrol Special Officer Serge White, Star No. 2535,

was called it having been set for this date; and

WHEREAS, Commissioner Thomas Mazzucco is hereby assigned to conduct

taking of evidence in the disciplinary charges filed against Patrol Special Officer Serge

White; therefore be it

RESOLVED, that Commissioner Thomas Mazzucco is hereby assigned to conduct

taking of evidence in the disciplinary charges filed against Patrol Special Serge White,

and is to be set at a later date.

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

WHEREAS, the assignment of a Commissioner and setting of a date for

hearing on disciplinary charges filed against Patrol Special Officer Calvin Wiley,

Star No. 2684, was called it having been set for this date; and

WHEREAS, Commissioner Thomas Mazzucco is hereby assigned to

conduct taking of evidence in the disciplinary charges filed against Patrol Special

Officer Calvin Wiley; therefore be it

RESOLVED, that Commissioner Thomas Mazzucco is hereby assigned to

conduct taking of evidence in the disciplinary charges filed against Patrol Special

Calvin Wiley, and is to be set at a later date.

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

WHEREAS, the assignment of a Commissioner and setting of a date for hearing

on disciplinary charges filed against Patrol Special Officer Alan Byard, Star No. 2540, was

called it having been set for this date; and

WHEREAS, Commissioner Thomas Mazzucco is hereby assigned to conduct

taking of evidence in the disciplinary charges filed against Patrol Special Officer Alan

Byard; therefore be it

RESOLVED, that Commissioner Thomas Mazzucco is hereby assigned to conduct

taking of evidence in the disciplinary charges filed against Patrol Special Alan Byard, and

is to be set at a later date.

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

Inspector Monroe announced that the next meeting will be on Wednesday,

April 2nd, at City Hall, Room 400, at 5:30 p.m.

Captain Cherniss described the Tenderloin District’s demographics and spoke of

police activities in the Tenderloin District.

Supervisor Kim addressed the audience and spoke of public safety projects in

the district. Supervisor Kim announced that Sunday Streets will be on April 13th .

Benjamin Bosiera spoke for Alejandro Nieto who was shot by officers on Friday.

He asked who the officers were, how long they are in the force, and who was the

supervisor at that time. He stated that Mr. Nieto was licensed to carry a taser and asked

for complete transparency and for an outside investigation to investigate this incident.

Bob, Bernal Heights Neighborhood Center, spoke of how they fought to have

officers in the neighborhood.

Mother Elaine Jones, South of Market, spoke in regards to changes in the south

of Market and spoke of pedestrian safety and that people focus on the communities

instead of themselves.

Michael Petrellis stated that SF Chronicle photographers are stalking homeless

people and spoke of justice for Alex Neito and asked for a list of individuals killed by

officers in the past 30 years.

Gloria LaReva, Act Now, 33 year resident of the Mission, spoke of actions by

police and stated that mental illness is not a crime.

Larry "Juicy" spoke of Hariette Tubman and spoke of how the Tenderloin has

changed and read a letter from CUAV.

Unidentified thanked everyone for attending on behalf of Mr. Nieto. She spoke

of concerns regarding the incident and asked if CIT was activated and spoke how Mr.

Nieto is about peace and harmony.

Marco, musical artist & tattoo artist, spoke of being attached by several officers

and how the officers left him with a ticket on his chest and spoke of the arrest of his

brother for reporting the beating done by the officers.

Juana spoke of anger by the death of Mr. Nieto and the fear for the police in the

communities and spoke of how Mr. Nieto was shot 14 times and asked for the name of

the officers and transparency.

Frank Lotta, teacher in the Mission, spoke in regards to shooting in the Bayview

and in the Mission and announced that there will be a march on Saturday.

Jeannie spoke in regards to shooting in the Tenderloin and expressed

condolences to the family of Mr. Nieto and spoke of drug transactions in the Tenderloin

and that it needs to stop.

Henry Antoveros, born and raised in San Francisco, spoke of being framed by

the police and stated that "too much pressure on a twig, it will break."

Unidentified spoke in regards to shooting on Sunday night and stated that they

will work with the police and asked for the support by the Commission for Captain

Cherniss and his staff for the work they are doing in the community.

Doug, non-profit organization and Chair of Tenderloin CPAB, and the work of

CPAB with Captain Cherniss and the community and went on to commend Captain

Cherniss.

Robert, Tenderloin resident, spoke in regards to article by Randy Shaw about

the Tenderloin and spoke of how he sees things in the Tenderloin are getting worse and

spoke of problem of class in the city.

Clyde spoke of officers involved in the shooting of Mr. Neito and asked to let the

system work and that body cams be provided for officers.

Tammy Bryan, Western Addition resident, spoke of being heart-broken about

the shooting of Mr. Nieto and asked for an independent investigation of this case and

asked for a fair investigation.

Unidentified, from Santa Rosa, spoke of how cops are taking young lives and

spoke of concerns regarding the code of silence and stated that they will not give up

until justice is served.

Mr. Schmitt, Justice for Andy Lopez, and how it will not stop until they know

who the cops are.

Meg Ryan, program director for non profit organization, spoke of shooting on

Turk and Taylor and asked for help from the community as to where drug dealers are

going and asked that the community pay attention.

Maureen, SF resident, spoke in support of Alex Neito’s family and stated that

she’s here to ask some questions as to how the incident went down; how many 911 calls

received; what were 911 calls said to dispatch; and asked for transcripts of the calls; why

was Alex approached in a military tactical style;

Gina Hilliard, 15-year resident of the Tenderloin, spoke of accountability for the

community and for the police department and spoke of community members helping to

improve the community.

Maria, community advocate and friend of Mr. Nieto, stated that the Alex she

knew was very peaceful and asked how long with the officers be on paid administrative

leave and requested that these officers be not put back on the streets; why did Chief

Suhr stated that Alex was mentally ill; and what did the officers see that showed Alex

was unstable; and asked for accountability to the community.

Roxie spoke for Mr. Nieto and stated that if the police are killing people, then

they are the bad guys and asked that the police remind themselves as to why they are

wearing the badge.

Lea Whites, community advocate, youth educator, advocate for community

policing, and spoke of mental health problems and how the police creates mental health

problems and asked what is the definition of justice.

Jeff, best friend of Alex, spoke of how Alex was the hope in his life and spoke of

the crime scene and how a witness said all he can see were police in formation and how

the witness heard nothing.

Unidentified spoke of how Alex had a license to carry a taser and asked the

police to do the investigation right and spoke of how the officers killed Alex.

Kim, child advocate, spoke of how everyone in the room should protect the

children and spoke of how she was a victim of domestic violence and spoke of how

officers ignored her when she wanted to report a domestic violence.

Unidentified asked some questions as to why the police tried to search Alex’s

house without a warrant; flyers posted in Bernal Heights asking for witnesses of the

incident; why did the Chief mention that Alex may have had a mental illness; why did

the Chief mention restraining order against Alex; and are the officers allowed to carry

guns at all times.

Antonio spoke on behalf of Alejandro and wanted to make sure that there is

justice for him even if it take years to take the guns from the officers and spoke of an

incident where a girl was able to disarm an individual pointing a gun at her.

Unidentified spoke of how the OCC should take a hard look at this case.

Jakkee Bryson commended Captain Cherniss stated that she will not draw any

conclusion until all the facts are in.

Ms. Paulette Brown spoke in regards to the case of her son and how the pain of

the loss of a child never goes away and asked to think about the families.

Unidentified extend her sympathies to the family of Alex and spoke of

gentrification going on in the city and how the police racially profile and spoke of the

cover up and how it is inexcusable and stated that they will not stop until everyone is

held accountable.

Motion by Commissioner Chan, second by Commissioner DeJesus.

Approved 6-0.

Thereafter, the meeting was adjourned at 8:30 p.m.

p.m.

__________________________________________

Inspector John Monroe

Secretary

San Francisco Police Commission

1345/rct