Police Commission - April 14, 2021 - Minutes

Meeting Date: 
April 14, 2021 - 5:30pm
Location: 

The Police Commission of the City and County of San Francisco met via videoconference at 5:41 p.m.

PRESENT:             Commissioners Cohen, Elias, DeJesus, Hamasaki, Brookter, Yee

(Commissioner Yee joined the meeting at 5:45 p.m.)

GENERAL PUBLIC COMMENT

                Francisco Dacosta spoke of the mess in District 10 and asked the Commission to address quality of life issues and asked everyone to get to work.

                Kit Hodge, Wealth & Disparities, spoke of Chief Scott’s comments about holding community meeting in regard to the George Floyd case and when will it be happening and would like to hear more details about the meeting.

                Zack Dillon spoke of senseless murder and stated that it’s time to come together and work together and spoke of traffic stops and how it can result in violence.

                Yulanda Williams, OFJ President, spoke of the death of Mr. Floyd and Mr. Wright and spoke of firearms training needs to continue and evaluate usage of physical control to ensure public safety and asked to remind officers to slow down emphasizing use of less lethal force options and focusing on good sound judgment to deescalate situations.

                Ms. Paulette Brown spoke of her son’s homicide case and how his case is still not solved and spoke of young men dying and how people do not care and asked for a venue for pictures to stay up and spoke of how people keeps taking it down.

                Chuck, District 10, spoke of issues going on in District 10 including homicides and asked for enforcement for District 10.                               

CONSENT CALENDAR

  • Family Code § 6228 Incident Report Release Quarterly Report, 1st Quarter 2021

    Sergeant Youngblood read the following statement: “The items on Consent Calendar are considered routine and for information purposes only.  If any Commissioners would like to discuss any of the items under the Consent Calendar, please advise President Cohen that you would like to place the item on a future agenda for presentation and discussion.  Tonight, there will be no discussion or presentation on these items.”

    PUBLIC COMMENT

                    None                   

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

    AYES:     Commissioners DeJesus, Hamasaki, Brookter, Yee, Elias, Cohen

    REPORTS TO THE COMMISSION

    Chief’s Request

    -              Weekly crime trends

    -              Major/Significant Incidents                

                    Chief Scott reported on crime trends:  Homicides down 9 percent but up on gun-related violence and gun-related homicides; rape down 46 percent; robbery down 25 percent; burglary up 40 percent; motor vehicle theft up 14 percent; arson up 32 percent; larceny down 37 percent.  Strategies:  The Chief stated that Bayview is leader with the most shootings with injuries.  There is enhanced deployment in the Bayview along with foot beats and the command vehicle in the Bayview.  Burglary strategy:  Visibility in hotspots and shifted hours of plainclothes units and have made arrests; continue to work with the District Attorney’s Office on repeat offenders.

                    Significant incidents:  The Chief talked about a fatal traffic collision at 18th and Church Streets which may have been caused by the 85-year old driver having a medical emergency and appeared to be in medical distress.           The Chief spoke of robbery in and around Stowe Lake Area.  He also talked about a robbery in the Bayview where the victim was stabbed multiple times.  The Chief also talked about a series of hate crime incidents in Japan town where racially derogatory remarks were sprayed painted on several businesses.  The Chief spoke of stunt driving incidents and spoke of breaking up three events.  No homicides or shootings this week. 

    The Chief spoke of incidents in Minnesota and stated that the community meeting will be tomorrow at 6 p.m., and invites are going out and the Department is reaching out to leaders in the African American community and AAPI leaders to talk about plans in the Department and to hopefully work together with these communities.  As far as the trial is concern, the Department plans to step up its deployment as the case goes to the jury.

                    Commissioner Brookter asked what is the plan as the city begins to  open up to keep the public safe.  Chief Scott spoke of community engagement including more foot beats.  The Chief stated that there will be an academy class at the end of May.

                    Commissioner Cohen  asked about a community forum to address the rise in violence.  Chief Scott stated community forums are valuable.  Commissioner Cohen asked about crime trends and a decrease in numbers and asked the Chief why.  Chief Scott stated that arrests are made and by working with the District Attorney’s Office, some remains in custody after the arrest.  The Chief also stated that the Department have shifted its resources to areas plagued with burglaries.  Plainclothes details who normally work during the daytime came in overnight where a lot of the burglaries occurred and were able to make some arrests and prevent some from occurring.  Also, working with SF Safe to educate the public about locks for garage doors is working to lower the number of burglaries.

                    Commissioner Hamasaki asked about article about former Deputy Chief Connelly and stated he wants to understand what is being done to address the impact of these individuals have had on the culture of the Department and what measures are put in place to make sure others who happen to share similar viewpoints about what policing looks like in San Francisco.  He stated he will send the article to the Chief and will talk to him offline.

    DPA Director’s Report

    -              Report on recent DPA activities, and announcements               

                    Director Henderson gave an update on year-to-date stats: 222 cases opened cases and closed 286 cases year to date; 301 pending cases; 17 cases sustained; 35 cases past 270 days; 7 cases mediated; 25 cases pending with the Chief; 12 cases pending with the Commission.  Outreach:  Can be found on  community calendar on the DPA’s website and posted on Tweeter, Facebook, Instagram and on DHR’s website.  On April 8th, hosted an Outreach 101 for community; same day, participated in Mega Black meeting; April 9th, hosted a panel of outreach strategies in partnership with the Oakland Community Police Review Agency and San Diego County Citizens Review Board; April 12th, panel for potential law students and interns to work with DPA over the summer.

    Youth Commission Report

                    Commissioner Rome Jones spoke of what the youth commission has done.  They also toured a hotel for TAY housing.

    Commission Reports

    -              Commission President’s Report

    -              Commissioners’ Reports

    -              Commission announcements and scheduling of items identified for consideration at future Commission Meetings.

                    Commissioner Elias spoke of the 96A presentation coming forward and thanked Director Henderson for his work and efforts.

                    Commissioner Hamasaki spoke of traffic stops, pedestrian stops, search and seizures should be a priority for the Commission and spoke of disparate policing of Blacks and Latinos in the city who are stopped while they are walking or driving down the streets who is searched and spoke that the Commission needs to find a way to stop this and talked about whether or not police needs to be making low level stops that DPA referred to, jaywalking, riding a bicycle on the sidewalk.  He stated that there can be just a warning and doesn’t need detention and certainly no need to search.  He stated this should be a priority with the DPA, the Commission, and the Department.

                    Commissioner Brookter spoke that he is looking forward to the discussion on Department General Order 3.09 regarding Department awards.  He thanked Commissioner DeJesus, Rachael Kilshaw, Stacy Youngblood, Sondra Reynolds, and the Chief for their work on this DGO.  He stated that being able to acknowledge officers doing phenomenal work with these awards is a boost in morale for a job that is already extremely tough and gets even tougher when things like what transpired in Minneapolis happens across the nation.  Commissioner Cohen thanked Commissioner Brookter for talking about the awards.  She stated that it is important to have a balanced perspective and the importance to keep morale up and to acknowledge those outstanding members of the Department and there are many of them.   She also recognized Commission Tippy Mazzucco for his work on the Awards DGO.

                    Commissioner Cohen also spoke of considering community forums as a possible way to continue to build rapport, information, and findings ways to stop the violence.      

    PUBLIC COMMENT

                    Francisco Dacosta asked that Commission to find out how many are incarcerated and what population are released from incarceration.  He spoke of missing $3.5 million from the Opera House and talked about implementation by COPS that have not been implemented.

                    Yulanda Williams agree with Commissioner Hamasaki that it is time for the Department to review traffic stops specifically traffic infractions and misdemeanors.

                    Chuck spoke of getting pulled over in the Bayview and spoke of drivers who drive recklessly in the Bayview and asked that reckless drivers need to be pulled over.

                    Ms. Paulette Brown spoke of second chances that murdered kids do not get second chances and spoke of a venue to put up posters so that perpetrators can see the pictures of victims.

    PRESENTATION OF THE FIREARM DISCHARGE REVIEW BOARD & IN-CUSTODY DEATH REVIEW BOARD 1ST QUARTER 2021 REPORT

                    Deputy Chief Greg Yee presented the Firearm Discharge Review Board and In-Custody Death Review Board, 1st Quarter 2021, report.

                    Commissioner Cohen stated that she would like to extend an invitation to the District Attorney and the Attorney that runs IIB to make a presentation to the Commission with an update on what they are doing and how their movement are complementary to what the Department is doing.  Commissioner Cohen asked why OIS investigation cases are taking so long and would like the Department to report back with an update on these cases and reasons for the delay.

    PUBLIC COMMENT

                    Zack Dillon, Public Defender’s Office, spoke of length of interviews of officer involved shootings.

    PRESENTATION REGARDING MENTAL HEALTH AWARENESS MONTH AND DISCUSSION AND POSSIBLE ACTION TO ISSUE DEPARTMENT BULLETIN, “GREEN PIN CAMPAIGN TO SUPPORT MENTAL HEALTH AWARENESS MONTH – MAY 2021,” WHICH TEMPORARILY MODIFIES DGO 10.01, “UNIFORM AND EQUIPMENT CLASSES”

                    Commissioner Cohen made the following statement:   “I just want to thank the people who are getting ready to make this presentation.  We all recognize, I think between policing and mental health, and everyday lives our officers interact with persons who are experiencing mental health challenges and I believe that makes the job increasingly more difficult.  It’s important that all public officials, especially those who are the first responders, emphasize that help is available to persons with mental health challenges.  I’m glad we are acknowledging this.  I’m glad that we are here talking about this.  The wearing of the green pin promotes the awareness of mental health challenges.  It demonstrate that our officers join the city officials in their commitment to mental health and it also relaxes the taboo nature that existed in many cultures around mental health illness.  So, I’m delighted to hear this presentation and I will yield the floor to the presenters.”

                    Commander Rob O’Sullivan, along with Carrie Beshears and Kristin Dimafeliz, presented the Mental Health Awareness Month Presentation.

                                   Motion by Commissioner Brookter, second by Commissioner Elias to issue bulletin.  Approved 6-0.

                    AYES:  Commissioners DeJesus, Hamasaki, Brookter, Yee, Elias, Cohen

    PUBLIC COMMENT

                    None

    RESOLUTION 21-27

    APPROVAL TO ISSUE DEPARTMENT BULLETIN, “GREEN PIN CAMPAIGN TO SUPPORT MENTAL HEALTH AWARENESS MONTH – MAY 2021” TEMPORARILY MODIFYING DEPARTMENT GENERAL ORDER 10.01, “UNIFORM & EQUIPMENT CLASSES ”                

                    RESOLVED, that the Police Commission hereby approves the issuance of Department Bulletin “Green Pin Campaign to Support Mental Health Awareness Month – May 2021” temporarily modifying Department General Order 10.01, “Uniform & Equipment Classes.”

                    AYES:     Commissioners Cohen, Elias, DeJesus, Brookter, Hamasaki, Yee

    DISCUSSION AND POSSIBLE ACTION TO ADOPT REVISED DEPARTMENT GENERAL ORDER 3.09, “DEPARTMENT AWARDS,”  FOR MEETING AND CONFERRING WITH THE SAN FRANCISCO POLICE OFFICERS ASSOCIATION AS REQUIRED BY LAW

                    Chief Scott presented revised Department General Order 3.09, Department Awards.  Chief Scott thanked Commissioners DeJesus, Tippy Mazzucco, Damali Taylor and Brookter, and Director Henderson for their work with this general order.

                    Commissioner Cohen also thanked Ret. Sergeant Rachael Kilshaw for her work.

                    Chief Scott also thanked Ret. Sergeant Kilshaw for all her work on this general order.               

    PUBLIC COMMENT

                    None

                    Motion by Commissioner Brookter, second  by Commissioner Cohen.  Approved 5-1.

    Ayes:     Commissioner DeJesus, Brookter, Yee, Elias, Cohen

    Nays:     Commissioner Hamasaki

    RESOLUTION 21-28

    APPROVAL OF DRAFT DEPARTMENT GENERAL ORDER 3.09, “DEPARTMENT AWARDS,” FOR THE DEPARTMENT TO USE IN MEETING AND CONFERRING WITH SAN FRANCISCO POLICE OFFICERS ASSOCIATION  

                    RESOLVED, that the Police Commission hereby approves draft, dated March 3, 2021, of Department General Order 3.09, “Department Awards” for the Department to use in meeting and conferring with the San Francisco Police Officers Association.

    AYES:     Commissioners Cohen, Elias, DeJesus, Hamasaki, Brookter, Yee

    NAYS:    Commissioner Hamasaki

    PUBLIC COMMENT ON  ALL MATTERS PERTAINING TO CLOSED SESSION

                    None

    VOTE ON WHETHER TO HOLD CLOSED SESSION AND VOTE TO ASSERT THE ATTORNEY-CLIENT PRIVILEGE WITH REGARDS TO ITEM 9(a).

                    Motion by Commissioner Brookter , second by Commissioner Cohen, to go into Closed Session.  Approved 6-0.

    AYES:     Commissioners  DeJesus, Hamasaki, Brookter, Yee, Elias, Cohen

    CLOSED SESSION (8:45 p.m. -  10:08 p.m.)

    CONFERENCE WITH LEGAL COUNSEL – Existing Litigation.  Pursuant to Government code Section 54956.9(d)(1) and SF Administrative Code Section 67.10(d)(1)

    Daniel Alvarenga v. City and County of San Francisco, et al., US District Court, Case No. 20-cv-01486 JSW, filed February 28, 2020

    (Present:  Commissioners Cohen, Elias, DeJesus, Hamasaki, Brookter, Yee, Chief Scott, Deputy Chief Yee, Deputy City Attorney Cabrera, Sergeant Youngblood, Sergeant Reynolds, Risa Tom)

    PERSONNEL EXCEPTION.  Pursuant to Government Code Section 54957(b)(1) and San Francisco Administrative Code Section 67.10(b) and Penal Code Section 832.7:

    Discussion and possible action to decide penalty on sustained specifications filed in Case No. DPA 42807, 0141-19, or take other action, if necessary

    Taken out of order.   Commissioner Yee is recused.

    (Present:  Commissioners Cohen, Elias, DeJesus, Hamasaki, Brookter, Chief Scott, Assistant Chief Moser, Director Henderson, Deputy City Attorney Zarefsky, Sergeant Youngblood, Sergeant Reynolds, Risa Tom, Investigator Tori Torgeson, Attorney Wargo-Wilson, Attorney Fox, member involved)

    (Taken in shorthand form by Ms. Paula Behmke, CSR., Behmke Reporting & Video Services)

    PERSONNEL EXCEPTION.  Pursuant to Government Code Section 54957(b)(1) and San Francisco Administrative Code Section 67.10(b) and Penal Code Section 832.7:

    Discussion and possible action to decide penalty on sustained specifications filed in Case No. DPA 42720, 0045-19, or take other action, if necessary

    (Present:  Commissioners Cohen, Elias, DeJesus, Brookter, Chief Scott, Deputy Chief Yee, Director Henderson, Deputy City Attorney Zarefsky, Sergeant Youngblood, Sergeant Reynolds, Risa Tom, Attorney Wargo-Wilson, Investigator Torgeson, Attorney Shea, member involved) Commissioners Hamasaki and Yee are recused.

    (Taken in shorthand form by Ms. Paula Behmke, CSR., Behmke Reporting & Video Services)

    PERSONNEL EXCEPTION.  Pursuant to Government Code Section 54957(b)(1) and San Francisco Administrative Code Section 67.10(b) and Penal Code Section 832.7:

    Discussion and possible action to accept or reject Motion to Dismiss for Failure to Comply with Government Code Section 3304(d) filed in disciplinary case no. DPA 43625-19

    Put over to a later date.

    PERSONNEL EXCEPTION.  Pursuant to Government Code Section 54957(b)(1) and San Francisco Administrative Code Section 67.10(b) and Penal Code Section 832.7:

    Status and calendaring of pending disciplinary cases

    (Present:  Commissioners Cohen, Elias, DeJesus, Brookter, Chief Scott, Deputy Chief Yee, Deputy City Attorney Zarefsky, Sergeant Youngblood, Sergeant Reynolds, Risa Tom)

    Open Session (10:08 p.m.)

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

                    Motion by Commissioner Elias, second by Commissioner Brookter for non-disclosure.  Approved 4-0.

                    AYES:  Commissioner DeJesus, Brookter, Elias, Cohen

    PUBLIC COMMENT

                    None

    ADJOURNMENT               

    Thereafter, the meeting was adjourned at 10:09 p.m.