Police Commission - June 5, 2019 - Minutes

Meeting Date: 
June 5, 2019 - 5:30pm
Location: 
City Hall, Room 400
#1 Dr. Carlton B. Goodlett Place
San Francisco, CA

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 Taylor, DeJesus, Mazzucco, Elias, Brookter

ABSENT:    Commissioners Hirsch, Hamasaki

PRESENTATION CERTIFICATE OF APPRECIATION

-              Mr. Adam Walker – for his assistance in the arrest of an attempted kidnapping suspect

                Sergeant Ryan Hart read and presented the certificate to Mr. Adam Walker.

PUBLIC COMMENT

                None

ADOPTION OF MINUTES

-              For the meetings of May 1st, 8th, and 15, 2019

                Motion by Commissioner Mazzucco, second by Commissioner Brookter.  Approved 5-0.

PUBLIC COMMENT

                None

REPORTS TO THE COMMISSION

a.            Chief’s Request

-              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.)

-              Major Events (Provide a summary of planned activities and events occurring since the previous meeting.  This will include a brief overview of any unplanned events or activities occurring in San Francisco having an impact on public safety.  Commission discussion on unplanned events and activities the Chief describes will be limited to determining whether to calendar for a future meeting.)

-              Update on MOU between the SFPD and the District Attorney’s Office

-              Presentation of the 3rd & 4th Quarter 2018, and the 1st Quarter 2019 FDRB Findings & Recommendations & OIS Investigative Summaries

-              Presentation of the 1st Quarter 2019 Early Intervention System (EIS) Report

Chief Scott reported on crime statics update:  Violent crime down 15 percent; Homicide 17 year-to-date; gun violence 26 percent down; property crime down 12 percent; burglaries down 16 percent; auto burglaries down 15 percent.  The Chief reported on two homicide arrests last week.  The Chief also talked about an aggravated assault with a vehicle in the Tenderloin on May 29th.  The driver was taken into custody by the Tenderloin officers; an aggravated assault in the Castro where the victim was pushed and shoved to the ground in an unprovoked attack, no arrest made; collision with major injuries at 17th and Mission where the driver lost control of vehicle; Pride month this month and the Chief talked about the Pride Patches and Pride vehicle.  Major events:  The Giants coming back to town to play the Dodgers, the Warriors playing in town.

The Chief then gave a brief update on the MOU between the Department and the District Attorney’s Office.

Deputy Chief Greg Yee presented the FDRB Quarterly Reports.

Sgt. Wesley Villaruel presented the 1st Quarter 2019 EIS Report.

b.            DPA Director’s Report

-              Report on recent DPA activities, and announcements

-              Presentation of the February, March, & April 2019 Monthly Statistical Reports               

Director Henderson reported on 300 cases opened; 263 cases closed; 325 open pending cases; 32 cases sustained; 33 cases past 270 day mark; 16 cases mediated.  Director Henderson reported on the new case management system.

Director Henderson then presented the February, March, and April 2019 monthly statistical reports.

c.             Commission Reports

-              Commission President’s Report

-              Commissioners’ Reports

                No report.

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

                Commissioner DeJesus asked about search warrants involving the press and the use of letterhead and commission rules.

                Sergeant Youngblood announced that the next meeting will be June 12thh at 5:30 p.m., at City Hall, Room 400, and that on June 19th, the Commission will meet in the Park District, Grattan Elementary School, starting at 6 p.m.               

PUBLIC COMMENT

                Steve outraged about illegal raid on Brian Carmondy and why there is no report and asked if anyone has been arrested for what happened and that there should be an independent investigation.

                Brad Edwards disappointed that there was no discussion in the illegal warrant case.

                Ms. Paulette Brown spoke of her son’s case and that to this day his case is not solved and is looking for justice for her son.

                Majick Altman ask why nothing was said about the investigation regarding the Carmondy case.   

                Montgomery Singleton and Sgt. Joe Williams, OFJ, expressed their support for Chief Scott.

                Zack Dillon, Public Defender’s Office, spoke of the MOU between SFPD and District Attorney’s Office.               

DISCUSSION AND POSSIBLE ACTION TO APPROVE ISSUANCE OF DEPARTMENT BULLETIN 19-092, INVESTIGATIVE SERVICES DETAIL INTERNAL AFFAIRS – CRIMINAL UNIT NAME CHANGE AND RESPONSIBILITIES MODIFYING DGOs 3.10, 6.20, 8.11, AND 8.12

                Assistant Chief Moser presented Department Bulletin 19-092.

                Motion by Commissioner Mazzucco, second by Commissioner Brookter.  Not Approved 3-2.

PUBLIC COMMENT:

                None

DISCUSSION AND POSSIBLE ACTION TO APPROVE ISSUANCE OF DEPARTMENT BULLETIN 19-101, OUTSIDE AGENCY COURTESY REPORTS, MODIFYING DGO 5.11, SECTION III(A)(2)

                Lieutenant Dave Falzon, Crime Information Services Unit, presented Department Bulletin 19-101.              

                Motion by Commissioner Mazzucco, second by Commissioner Brookter.  Approved 5-0.

PUBLIC COMMENT

                Brad Edwards discussed concerns.

RESOLUTION 19-42

APPROVAL TO ISSUE DEPARTMENT BULLETIN 19-101, “OUTSIDE AGENCY COURTESY REPORTS,” MODIFYING DGO 5.11, SECTION III(A)(2)                 

                RESOLVED, that the Police Commission hereby approves the issuance of Department Bulletin 19-101, “Outside Agency Courtesy Reports,” modifying Department General Order 5.11, Section III(A)(2), “Outside Agency Reports and Responses.”

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

         ABSENT:     Commissioners Hirsch, Hamasaki

PUBLIC COMMENT               

                Majick Altman spoke of sunshine task force and letter urging the commission to declare the taser vote illegal.

                Brad Edwards discussed concerns and appreciated the Officers’ for Justice and concerns about the POA.

                Zack Dillon, Public Defender’s Office, spoke of SB 1421 and reported that they have received three records from the Department and one from DPA.

                Emily, Law Student, spoke of SB 1421 and the request for records by the public defender’s office and stated that a list of officers should be generated by the Department and the DPA that would have responsive records.

                Ason, intern Public Defender’s Office, spoke of SB 1421 and spoke of defining dishonesty.

                Marshall, law student UC Hastings, intern Public Defender’s Office, spoke of concerns regarding release of records per SB 1421.

                Hannah, Columbia Law School student, spoke of disproportionate number of black people in county jail and giving the public police officers’ misconduct records.

                Galen, SF resident, spoke of concerns regarding DPA and the Department’s collaboration in releasing records.

                Marisa, Public Defender’s Office intern, spoke of how it is important the DPA is independent from the Department.

                Lauren, USF Law student, spoke of public records request and undue delay to responses to PRAs.

                Unidentified spoke of the delay of release of records and people sitting in cages waiting for records to be released and those records belong to the public.

                Ryan, Public Defender’s Office, spoke of SB 1421 release of records and concerns about extension letters and backlog of requests and delays.

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 Mazzucco, second by Commissioner Brookter.  Approved 5-0.

CLOSED SESSION: (8:09 p.m. – 9:54 p.m.)

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):

SFPOA, et al. vs. City and County of San Francisco, et al., SF Superior Court, Case no. CPF-18-516295, filed August 15, 2018

(Present:  Commissioners Taylor, DeJesus, Elias, Brookter, Chief Scott, Assistant Chief Moser, Deputy City Attorney Koski, Sgt. Campbell, Sgt. Youngblood, Risa Tom)

PERSONNEL EXCEPTION. Pursuant to Government Code Section 54057(b)(1) and San Francisco Administrative code Section 67.10(b) and Penal Code Section 832.7:   Discussion and possible action to approve or deny Motion to Dismiss pursuant to Government Code Section3304(d) filed in Case No. DPA 0145-15B, or take other action, if necessary

(Present:  Commissioners Taylor, DeJesus, Elias, Brookter, Director Henderson, Deputy City Attorney Zarefski, Sgt. Campbell, Sgt. Youngblood, Risa Tom, Attorney Thompson, Attorney Burrell, member involved)

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

PERSONNEL EXCEPTION:  Status and calendaring of pending disciplinary cases.

(Present:  Commissioners Taylor, DeJesus, Elias, Brookter, Deputy City Attorney Zarefski, Sgt. Campbell, Sgt. Youngblood, Risa Tom)

OPEN SESSION

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

                Motion by Commissioner Elias, second by Commissioner Brookter. 

Approved 4-0.               

ADJOURNMENT

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

                Thereafter, the meeting was adjourned at 9:55 p.m.