Police Commission - August 7, 2019 - Minutes

Meeting Date: 
August 7, 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 Hirsch, Taylor, DeJesus, Mazzucco, Elias, Hamasaki, Brookter

(Commissioner Hamasaki arrived at 5:33 p.m.  Commissioner Mazzucco was excused at 7:20 p.m.)

ADOPTION OF MINUTES

-              For the meetings of June 17, 2019 and July 10, 2019

                Motion by Commissioner Mazzucco, second by Commissioner Brookter.

Approved 6-0.

PUBLIC COMMENT:

                None

CONSENT CALENDAR

-              SFPD/DPA Document Protocol Quarterly Report, 2nd Quarter 2019

                Motion by Commissioner Mazzucco, second by Commissioner DeJesus.  Approved 6-0.

REPORTS TO THE COMMISSION

a.            Chief’s Request

-              Weekly crime trends (Provide an overview of offenses occurring in San Francisco, including an update on year-to-date homicide clearance and an overview of reportable human trafficking incidents.)

-              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.)

-              Community Engagement Division Highlights (Provide an overview of recent activities coordinated by the Community Engagement Division)

Chief Scott reported on crime trends and major events:  Homicides down 15 percent, 23 year to date; gun violence down 28 percent, 55 year to date; homicides down 7 percent; gun violence down 24 percent, 69 year to date; Part one crime down 11 percent; 14 percent reduction in violent crimes and 10 percent reduction in property crimes.  Significant incidents:  The Chief reported on four shootings resulting with five victims shot.  Traffic collision: one major injury involving a muni bus where the driver of the vehicle fled on foot.   Significant events:  The Giants are in town, Outside Lands starting Friday to Sunday.  Community Engagement highlights:  CPAB Symposium was held on July 13th.   Summer Intern Program will conclude in the next couple of weeks which included the Future Grads Program (50 interns), Project Pull (30 interns), Youth Police Academy (30 interns), Community Safety Initiative Program (75 interns) & Youth Career Academy (50 interns).  National Night Out that was held last night where all 10 district stations hosted National Night Out events.

b.            DPA Director’s Report

-              Report on recent DPA activities, and announcements

-              Presentation regarding the DPA’s Internship Program

                Director Henderson gave an overview on cases:  449 opened and 349 closed;  407 cases pending; 39 sustained cases; 34 cases beyond nine months; 24 cases mediated. 

                Ms. Tinnetta Thompson presented the DPA’s Internship Program Presentation.

c.             Commission Reports

-              Commission President’s Report

-              Commissioners’ Reports

                Commissioner Elias reported on having the SB 1421 working group meeting along with Commissioner Mazzucco.

                Commissioner Mazzucco also talked about the SB 1421 working group meeting.  He also attended the Police Academy Recruit Graduation with 19 new recruits and five lateral recruits.

                Commissioner Brookter talked about the meeting with the Chief and Command Staff regarding the SFUSD MOU.  He also spoke of attending press conferences regarding Vision Zero.

                Commissioner Hamasaki spoke of being in Los Angeles for trial.

                Commissioner DeJesus spoke of working with Commissioner Hirsch and the Department regarding finalizing the working group for Media.

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

                Sergeant Campbell announced that the next meeting will be on September 11th at City Hall, starting at 5:30 p.m.

PUBLIC COMMENT

                John Jones commented on program on cracking down on errant drivers, bicyclists and pedestrians.  He spoke of concerns about DMV licensing people who are not qualified to drive. 

DISCUSSION AND POSSIBLE ACTION TO APPROVE REVISED DEPARTMENT GENERAL ORDER 3.06, “RESIDENCY CERTIFICATION,” FOR PURPOSES OF ENGAGING IN THE MEET-AND-CONFER PROCESS WITH THE POLICE OFFICERS ASSOCIATION, AS REQUIRED BY LAW               

                Captain Paul Yep presented DGO 3.06, Residency Certification.               

PUBLIC COMMENT

                None

RESOLUTION 19-49

APPROVAL OF REVISED DEPARTMENT GENERAL ORDER 3.06, “RESIDENCE CERTIFICATION” DRAFT POLICY FOR THE DEPARTMENT TO USE IN MEETING AND CONFERRING WITH SAN FRANCISCO POLICE OFFICERS ASSOCIATION   

                RESOLVED, that the Police Commission hereby approves draft dated 5/7/19, of Department General Order 3.06, “Residence Certification,” Draft Policy for the Department to use in meeting and conferring with the San Francisco Police Officers Association.  Department General Order 3.06, “Residence Certification,” Draft Policy, dated 5/7/19.

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

DISCUSSION AND POSSIBLE ACTION TO ADOPT REVISED DEPARTMENT GENERAL ORDER 3.01, “WRITTEN COMMUNICATION SYSTEM”

                Executive Director Maguire presented DGO 3.01, “Written Communication System.” 

                Motion by Commissioner Taylor, second by Commissioner Elias to adopt as amended.  Approved 7-0.

PUBLIC COMMENT

                John Jones expressed concerns regarding involvement of Department of Justice.

RESOLUTION 19-50

ADOPTION OF REVISED DEPARTMENT GENERAL ORDER 3.01, “WRITTEN COMMUNICATION SYSTEM”  

                RESOLVED, that the Police Commission hereby approves adoption of draft dated 7/19/19, of Department General Order 3.01, “Written Communication System.”  Department General Order 3.01, “Written Communication System,” Draft Policy, dated 5/7/19.

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

PRESENTATION REGARDING HEALTHY STREETS OPERATION CENTER

                Commander David Lazar presented the HSOC Update and Presentation.  Presenters were as follows:  Kerry Abbott, HSH, Mary Ellen Carrol, DEM, Sam Peoples and Larry Stinger, Public Works, Diana Oliva-Aroche, Public Health, Laura Marshall, Controller’s Office, and Emily Cohen, Mayor’s Office.

                Christophe Herring, UC Berkeley, presented the Coalition on Homelessness HSOC Presentation.

PUBLIC COMMENT

                Magick Altman spoke of criminalizing the homeless.

                Amy Fairwise spoke of what HSOC is missing in working with encampments residence and solution of safe space and spoke of program in Eugene.

                Evan spoke of HSOC legal services and what happens to individuals who enters HSOC.

                Kelly, Coalition on Homelessness, spoke of asking for data and information from HSOC and spoke of no transparency and no open communication.

                Jennifer Friedenbach spoke of concerns of having officers respond to homelessness and amount of resources used.

                Unidentified spoke of formerly being homeless and discussed concerns regarding sweep of homeless encampments.

                Ellen Lee Zhou, candidate for Mayor, spoke regarding victims in Chinatown and spoke of elders being afraid of homeless in Chinatown. 

                Angela Jenkins commended David Lazar and the Coalition on Homelessness for their compassion.

                Brent Riley, Human Right Coalition on Homelessness, spoke of HSOC and concerns about limited services offered.

                Flo Kelly, volunteer Coalition on Homelessness, spoke of HSOC and the Coalition working together.

                Taylor, SF Bike Coalition, showed a video and concerns about police intervention.

                John Jones spoke of his impression of homeless encampments.

                Melody spoke of sustaining a brain injury and spoke of 50 percent of homeless suffers from a brain injury.  She spoke of not having rehabilitation from her brain injury and that the city has not provided services for her.

                Ms. Paulette Brown spoke of homelessness and that people are losing their homes because of homicides and crime and mental health and something needs to be done.               

PUBLIC COMMENT

                Magick Altman spoke of email from Commissioner Hirsch from his personal email and spoke of concerns regarding lack of compassion and how it is against policy.

                Gregory Leong, SF Resident, representing the Chinese Merchants and spoke of rising crimes against the Chinese and asked for the Department’s help and asked the Commissioners and the Chief to visit Chinatown and Visitacion Valley.

                Richard Hau, Chinatown resident, spoke of two seniors attacked by three individuals and asked for help.

                Ellen Lee Zhou spoke of attending a community meeting and how the victims of crimes were not allowed to speak and spoke of how there is no Chinese member of the Commission.  She spoke of how the police is understaffed. 

                Eng Huey spoke of problems in Chinatown and crimes in Chinatown and asked for more cameras in Grand Avenue and asked for more police.

                Paula Williams spoke of being homeless and spoke of no justice and spoke of being in the Tenderloin and asked that the Commission look up all her police reports.

                John Jones spoke of an incident on the 14 Mission Muni where he witnessed three teenagers steal a woman’s phone.

                Ms. Paulette Brown showed a video regarding a newscast about her son’s case and asked the Commission to attend and stand with parents who lost their kids to homicides.               

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 Hamasaki, second by Commissioner Elias.  Approved 6-0.

CLOSED SESSION: (9:44 p.m. – 10:16 p.m.)

CONFERENCE WITH NEGOTIATOR-COLLECTIVE BARGAINING.  Pursuant to Government Code Section 54957.6:

City Negotiator:  LaWanna Preston, Employee Relations Manager

Organization representing Police Officers:  SF Police Officers Association

Anticipated Issues Under Negotiation:  DGO 10.11, “Body Worn Cameras”

Put over to another date.

PERSONNEL EXCEPTON:  Pursuant to Government Code Section 54957(b)(1) and SF Administrative Code Section 67.10(b) and Penal Code Section 832.7: 

Further discussion and possible action regarding accepted stipulated disposition in Case No. IAD 2016-0206

(Present:  Commissioners Hirsch, DeJesus, Elias, Hamasaki, Brookter, Chief Scott, Assistant Chief Moser, Attorney Worsham, Sgt. Campbell, Sgt. Youngblood, Risa Tom)

PERSONNEL EXCEPTON:  Pursuant to Government Code Section 54957(b)(1) and SF Administrative Code Section 67.10(b) and Penal Code Section 832.7: 

Assignment of Commissioner for the taking of evidence on the appeal of the Chief’s Suspension filed in Case No. ALW OCC No. 0706-14

(Present:  Commissioners Hirsch, DeJesus, Elias, Hamasaki, Brookter, Chief Scott, Assistant Chief Moser, Attorney Worsham, Sgt. Campbell, Sgt. Youngblood, Risa Tom)

PERSONNEL EXCEPTION:  Status and calendaring of pending disciplinary cases.

(Present:  Commissioners DeJesus, Hirsch, Hamasaki, Elias, Taylor, Sgt. Campbell, Sgt. Youngblood, Risa Tom)

OPEN (10:16 p.m.)

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

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

ADJOURNMENT

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

                Thereafter, the meeting was adjourned at 10:16 p.m.