Police Commission - July 15, 2020 - Minutes
The Police Commission of the City and County of San Francisco met via videoconference at 5:42 p.m.
PRESENT: Commissioners Taylor, DeJesus, Elias, Brookter, Hamasaki
CONSENT CALENDAR
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Request for approval to accept gift of 10 gift boxes filled with assorted See’s Chocolate Candies and five surgical masks from Ms. Vanita Louie, Community Advocate for the Rotary Club of Chinatown, for units at Police Headquarters, valued at approximate $100
PUBLIC COMMENT
None
RESOLUTION NO. 20-42
APPROVAL OF THE REQUEST OF THE CHIEF OF POLICE TO ACCEPT 10 GIFT BOXES FILLED WITH ASSORTED SEE’S CHOCOLATE CANDIES AND FIVE SURGICAL MASKS FROM MS. VANITA LOUIE, COMMUNITY ADVOCATE FOR THE ROTARY CLUB OF CHINATOWN, FOR UNITS AT POLICE HEADQUARTERS
RESOLVED, that the Police Commission hereby approves the request of the Chief of Police to accept 10 gift boxes filled with assorted See’s Chocolate Candies and five surgical masks from Ms. Vanita Louie, Community Advocate for the Rotary Club of Chinatown, for units at Police Headquarters.
AYES: Commissioners Taylor, DeJesus, Elias, Hamasaki, Brookter
REPORTS TO THE COMMISSION
a. Chief’s Request
- Weekly crime trends
- Major/Significant Incidents
Chief Scott part one crime down 17 percent; overall violent part one crime down 15 percent; homicides up 9 percent; gun violence down 2 percent; property crimes down 17 percent; auto burglary down 35 percent; homicides, up 9 percent, total of 24 homicides in 2020; gun violence down 2 percent. Significant incidents: 4 shooting incidents during the past week. The Chief talked about a shooting on the 100 block Kiska Road on July 8th where a video was posted on Instagram. Another shooting in the Bayview where two victims were struck by gunfire which appeared to be exchange of gunfire. Another shooting in the Mission where victim advised he had an altercation with an acquaintance and as he walk away the acquaintance shot him. Follow-up about questions regarding crime statistics in the Bayview, 24 victims of gunshot in the Bayview. The Chief also talked about Another event where a group of skate boarders on Dolores Street of about 1000 participants on their skate boards which caused some vandalisms. The Chief stated that there were a lot of frustrations from the community about the event.
PUBLIC COMMENT
None
DISCUSSION AND POSSIBLE ACTION TO APPROVE DRAFT DEPARTMENT GENERAL ORDER 5.23, “INTERACTIONS WITH DEAF AND HARD OF HEARING INDIVIDUALS” FOR MEETING AND CONFERRING WITH THE SF POLICE OFFICERS ASSOCIATION AS REQUIRED BY LAW
Chief Scott thanked everyone who worked on this policy. The Chief stated that the next steps for the Department is establishing and solidifying the training implementation plan, both initial and ongoing; identifying and assigning at least two liaison officers to each district station, translate communication cards into the core languages of the population served in San Francisco, and to continue to develop the mechanisms for the annual reporting requirements as outlined in the DGO.
Director Henderson introduced Samara Marion, Director of Policy, who presented the policy.
Orchid, through an interpreter, read the letter of Nicole Bohn, Director & Department Head for the SF Mayor’s Office on Disability. “I am Nicole Bohn, Director and Department Head for the San Francisco Mayor’s Office on Disability. As I mentioned in my June comment, the Mayor’s Office on Disability has had the pleasure of supporting this Deaf and Hard of Hearing DGO workgroup since 2017. As you know, members of the Deaf community along with domestic violence advocates and fantastic partners in the SF Police Department have been involved in this workgroup since its inception and fortunately, we had an exceptional example in the Metropolitan DGO on which to base the work.
As I mentioned last month, implementing San Francisco’s DGO now is of critical importance. We are in the midst of the 30th anniversary of The American’s with Disabilities Act (ADA). The ADA is first intended as civil rights anti-discrimination legislation for people with disabilities and second, as a tool to help all persons understand how to live and communicate together in community. I would like to reiterate that this DGO as written simply highlights how to implement effective communication and other accessibility obligations that have been mandatory for 30 years now. As we know, the next critical step will be training of our Officers.
The Mayor’s Office on Disability is ready to collaborate with our Police Department colleagues on an Officer training plan, or assist in any way that would be most helpful to the Department. We encourage that the training plan include videos that depict the real life experiences from Deaf persons, and that these training vignettes utilize Deaf actors, in order to understand and learn from the Deaf experience as closely as possible.
Please do not hesitate to reach out to me if you have any questions or concerns, and thank you again for advancing this item on your agenda. Nicole Bohn, Director Mayor’s Office on Disability”
Orchid continued to say that they want this DGO implemented for a very diverse community. She spoke of frustrations from the community where writing in pencil is not enough. She is hoping that a training be set up on how to better work with the deaf community.
Chief Scott thanked the California DOJ for their input on this policy.
Motion by Commissioner Hamasaki, second by Commissioner Elias. Approved 5-0.
AYES: Commissioners DeJesus, Hamasaki, Elias, Brookter, Taylor
PUBLIC COMMENT
Melissa McNair commended everyone who worked on this policy and spoke of the challenged by the deaf and hard of hearing community in calling the police for help or assistance is access to communication.
RESOLUTION 20-43
APPROVAL OF DEPARTMENT GENERAL ORDER 5.23, “INTERACTIONS WITH DEAF AND HARD OF HEARING INDIVIDUALS,” FOR THE DEPARTMENT TO USE IN MEETING AND CONFERRING WITH SAN FRANCISCO POLICE OFFICERS ASSOCIATION
RESOLVED, that the Police Commission hereby approve draft, dated July 2, 2020, of Department General Order 5.23, “Interactions with Deaf and Hard of Hearing Individuals,” for the Department to use in meeting and conferring with the San Francisco Police Officers Association.
AYES: Commissioners Taylor, DeJesus, Elias, Brookter, Hamasaki
b. DPA Director’s Report
- Report on recent DPA activities, and announcements
- DPA Summer Intern Program 2020 Presentation
Director Henderson gave an update on year-to-date stats: 467 cases opened cases and 489 closed cases year to date; 409 open cases; 21 sustained cases; 33 cases beyond 270 days; 22 cases mediated. For Outreach: Program with SF Family Support Network, Rafael House Presentation, presenting with American Bar Association coupled with the National Bar Association along with the Lieutenant Governor from Michigan addressing police reform. He also stated that the audit is in its final steps and should have it to the Commission by September. Director Henderson also reported on analyzing satisfaction survey responses and is creating a better online survey to better capture results and encourage more responses. Results will be posted on DPA’s website in the coming weeks.
Director Henderson reported on meeting with the Stanford Computation Policy Lab to discuss future projects. He stated that so far they are looking at SFPD’s EIS Report, Chapter 96 Report, as well as the DPA’s Annual Report. He also stated that the Annual Report is its final stages and should be ready in early August.
He also announced that Samara Marion, Director of Policy, will be retiring July 30th.
Ms. Marion thanked everyone and stated that it has been 20 years and it is very hard to say goodbye. First on the list is to see her child in Canada who she has not seen in six months.
Director Henderson then went on to talk about the Summer Intern Program and introduced Tinnetta Thompson who presented the Summer Intern Program presentation.
c. Commission Reports
- Commission President’s Report
- Commissioners’ Reports
Commissioner Elias reported that she had asked DPA to bring more context for the discipline cases that are brought before the Commission and also asked the Department for the same information and that she had asked the Chief that the discipline numbers be provided. She asked for how many cases investigated and how many cases are brought for discipline before the Chief and the Commission.
d. Commission announcements and scheduling of items identified for consideration at future Commission Meetings.
None
PUBLIC COMMENT
Beverly Upton, SF Domestic Violence Consortium, thanked the Commission for their vote on the deaf and hard of hearing policy and thanked Paul Henderson for his work with the interns. She went on to thank Samara Marion for all her work.
DISCUSSION AND POSSIBLE ACTION TO ADOPT DRAFT RESOLUTION EXPRESSING SUPPORT FOR BLACK LIVES AND DIRECT THE CHIEF TO INSTALL BLM POSTERS/SIGNS WITHIN EVERY POLICE STATION
Commissioner Taylor and Commissioner Brookter presented the resolution. Commissioner Brookter thanked the Commissioners, Phillip Lohaus, Make it Black SF, the SF Black Light Organization Coalition, countless stakeholders, and the Officers for Justice.
Motion by Commissioner Taylor, second by Commissioner Elias. Approved 5-0.
AYES: Commissioners DeJesus, Elias, Brookter, Hamasaki, Taylor
PUBLIC COMMENT
Dr. Monique thanked Commissioners Taylor and Brookter for their work on this resolution and asked the Commissioners not to stop there and have to do more to show respect and empathy for Black people.
Majig Harper thanked Commissioner Brookter for this resolution and stated that symbols do matter and that this sign is a powerful first step and inspires him to get more involved.
Eloise Patton supports this resolution and talked about systemic issues and that this is a visual acceptance and thanked Commissioner Brookter for seeing what is needed.
Manuel stated that when you are saying Black Lives Matter you’re segregating a certain portion of the population and thinks that putting signs in police stations is not going to do any good.
Yulanda Williams thanked the Commission for the resolution that addressed systemic racism and spoke of not being a member of the POA.
Gloria Barry asked where they can find the letter that talks about the resolution and is the resolution binding.
Unidentified spoke of the resolution being lip service and what can a poster do and why BLM poster is ok but why not hang an American Indian movement poster and who decides what can be put up.
Michael Petrellis asked what happened when the rainbow signs go up on police stations and what happened with that effort and spoke of no text on the agenda and that it is a disservice to the public.
Joy Jackson Morgan thanked Commissioner Brookter and strongly support this resolution.
Brian Cox spoke of how the poster is important and a first step to reform.
Montgomery supports this resolution and that this is a huge step in the right direction.
RESOLUTION NO. 20-44
ADOPTION OF RESOLUTION EXPRESSING SUPPORT FOR BLACK LIVES
WHEREAS the murders of countless Black men and women by police officers and armed civilians, and the innumerable acts of racism and bias by proxy endured by Black people throughout the country, highlights the urgent need to reaffirm the value of black lives;
WHEREAS the San Francisco Police Department is committed to bias-free policing, as expressed in Department General Order 5.17, through its plan to institute anti-bias testing as part of new officer entrance exams, as well as other ongoing measures;
WHEREAS the San Francisco Police Department has been on the forefront of implementing many critical reforms related to police accountability, bias-free policing, and community policing;
WHEREAS the San Francisco Police Department continues to revise and improve its Use of Force policies;
WHEREAS there is more to be done in order for the San Francisco Police Department to make bias-free policing a reality;
WHEREAS community policing demands that officers serve all communities with safety, respect and empathy; now, therefore be it
RESOLVED, That the San Francisco Police Department shall, in each of its district stations and within 30 days of the passage of this resolution, display a poster or sign of at least 32 x 24 inches that prominently and exclusively features the expression “Black Lives Matter;” and
FURTHER RESOLVED, That the poster or sign shall be prominently displayed, placed in a location that is visible by the general public visiting the station and at all times the sign must be unobstructed from a distance of at least five feet; and
FURTHER RESOLVED, That the San Francisco Police Department has an immediate obligation to maintain and replace any sign that is altered, including disfigurement, impairment, or fading from its original condition; and
FURTHER RESOLVED, That the San Francisco Police Department should view the display of these posters as the first step in a larger dialogue with other city agencies and community stakeholders on how to further support Black lives in San Francisco; and
RESOLVED, The Commission Secretary is directed to advise the Department consistent with this Resolution.
AYES: Commissioners Taylor, DeJesus, Elias, Hamasaki, Brookter
DISCUSSION AND POSSIBLE ACTION TO REVISE DEPARTMENT GENERAL ORDER 5.01, “USE OF FORCE” PURSUANT TO DEPARTMENT GENERAL ORDER 3.01.01 E (1) AND (4). (DEPARTMENT BULLETIN THAT AMENDS A CURRENT GENERAL ORDER)
Commissioner Elias presented the Department Bulletin on Revisions to Reportable Use of Force.
Chief Scott thanked Commissioner Elias and Director Henderson and his team for their input. He went on to highlight some of the policy change.
Commissioner Elias thanked Director Oliva-Aroche for her help in moving this forward.
Commissioner Taylor thanked everyone for moving so quickly to make this bulletin happen and thanked the Chief for his commitment to reform and thanked Commissioner Elias, and the DPA for their work.
Motion by Commissioner Hamasaki, second by Commissioner Taylor.
Commissioner Brookter thanked Commissioner Elias, Diana Oliva-Aroche, and everybody involved.
Chief Scott talked about rolling out the training and stated that the Training Division have already started the work of putting together the package to implement the training. Chief Scott stated that he believes that everything can be done in 90 days and that is the training, getting the curriculum set out and training the entire department and at that point, this will become enforceable.
PUBLIC COMMENT
None
Motion by Commissioner Hamasaki to adopt the bulletin revising DGO 5.01, Use of Force, second by Commissioner Taylor. Approved 5-0.
AYES: Commissioners DeJesus, Hamasaki, Elias, Brookter, Taylor
Commissioner Taylor directed Written Directives to include the contents of this bulletin and the bulletin that was passed on July 1st into DGO 5.01. Commissioner Taylor also talked about adding the words “or prone” to the amendments made by Commissioner DeJesus at last week’s meeting.
Commissioner Elias made the following statement in regards to a motion she made at last week’s meeting: “I wanted to clarify when the initial Department Bulletin in regarding 5.01 that Commissioners DeJesus and Brookter worked on, we made a motion with respect to the meet-and-confer and instructing the Chief not to – that the Department Bulletin wasn’t subject to meet-and-confer. I am at this point make a motion which would revised that previous motion made as well as include the current 5.01 DB was that passed today. So, it is my understanding and because of Commissioner Taylor’s directive that both Department Bulletin for 5.01 that was before the Commission prior and this one will be combined into one, at this point I’m making a motion in that all DB revisions made to DGO 5.01 that the Chief be directed to do the following: That with respect to the Department Bulletin, it should be sent to meet-and-confer for the limited purpose of issues related to the training and discipline only. All other subjects are not subject to meet-and-confer. So, therefore, the only parts of the DB that will be subject to meet-and-confer are those related to training and to discipline.”
Motion by Commissioner Elias that the Department Bulletins should be sent to meet and confer for the limited purpose of issues relating to training and discipline only. Second by Commissioner Taylor. Approved 5-0.
Motion by Commissioner Brookter, second by Commissioner Hamasaki to add the words “or prone” on the July 1st Bulletin. Approved 5-0.
RESOLUTION NO. 20-45
AMENDING PRIOR RESOLUTION NO. 20-38 AND APPROVAL TO ISSUE DEPARTMENT BULLETIN 20-10, “REVISION TO REPORTABLE USE OF FORCE,” AMENDING DEPARTMENT GENERAL ORDER 5.01, “USE OF FORCE”
WHEREAS, at the meeting of July 1, 2020, the Commission approved a motion by Commissioner Cindy Elias asking the Chief of Police not to bring amendments to DGO 5.01, “Use of Force,” to meet and confer with the Police Officers Association;
WHEREAS, at the meeting of July 15, 2020, Commissioner Elias amended her motion to bring both Department Bulletins amending DGO 5.01, “Use of Force,” to meet and confer with the Police Officers Association for the limited purpose of issues related to training and discipline only. Second by Commissioner Taylor; and, therefore be it
RESOLVED, that the Police Commission approves revisions to Department General Order 5.01, “Use of Force;” and
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FURTHER RESOLVED, that amendments to Department General Order 5.01, “Use of Force,” from both Department Bulletins shall be sent to meet-and-confer with the Police Officers Association for the limited purpose of issues relating to training and discipline only.
AYES: Commissioners DeJesus, Hamasaki, Elias, Brookter, Taylor
PUBLIC COMMENT
John Jones spoke of the BLM resolution and stated that the resolution is an endorsement of a violent political movement.
Unidentified spoke of the BLM resolution stated he agrees with the sentiment but not the group and that by putting BLM with capital letters, the Commission is endorsing a political movement, and spoke of the thin blue line mask. He further stated that black lives do matter but they should not be endorsed as a political entity within a police department.
Unidentified spoke applauding the Use of Force bulletin and asked when the Commission will be defunding the SFPD.
PUBLIC COMMENT ON ALL MATTERS PERTAINING TO CLOSED SESSION
Unidentified asked the Commission not to hold this item in closed session.
VOTE ON WHETHER TO HOLD CLOSED SESSION
Motion by Commissioner Elias, second by Commissioner Brookter to go into Closed Session invoking attorney-client privilege. Approved 5-0.
CLOSED SESSION (8:49 p.m. – 11:41 p.m.)
CONFERENCE WITH LEGAL COUNSEL – Anticipated Litigation as Defendant. Pursuant to Government Code Section 54956.9(2) and (e) (5) based on advice of legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation and San Francisco Administrative Code Section 67.10(d)(2)
(Present: Commissioners Taylor, DeJesus, Elias, Hamasaki, Brookter, Chief Scott, Assistant Chief Moser, Deputy City Attorney Cabrera, Sergeant Youngblood, Risa Tom, Phillip Lohaus, Director LaWanna Preston, Deputy City Attorney Porter, Deputy City Attorney Yank)
CONFERENCE WITH NEGOTIATOR-COLLECTIVE BARGAINING
Pursuant to Government Code Section 54957.6:
City Negotiator: LaWanna Preston, SFPD Labor Relations Director
Organization representing Police Officers: SF Police Officers Association
Anticipated Issues Under Negotiation: Disciplinary Penalty & Referral Guidelines, Policy Prohibiting Biased Policing, Body Worn Cameras, and Police Commission Disciplinary Hearings
(Present: Commissioners Taylor, DeJesus, Elias, Hamasaki, Brookter, Chief Scott, Assistant Chief Moser, Deputy City Attorney Cabrera, Sergeant Youngblood, Risa Tom, Phillip Lohaus, Director LaWanna Preston, Deputy City Attorney Porter, Deputy City Attorney Koski, Deputy City Attorney Yank)
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 Taylor, DeJesus, Elias, Hamasaki, Brookter, Chief Scott, Sergeant Youngblood, Risa Tom, Phillip Lohaus)
OPEN SESSION (11:41 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 4-1
AYES: Commissioners DeJesus, Elias, Brookter, Taylor
NAYS: Commissioner Hamasaki
PUBLIC COMMENT
Unidentified disappointed at Commissioners not to disclose.
ADJOURNMENT
Motion by Commissioner Elias, second by Commissioner Brookter to adjourn. Approved 5-0.
Thereafter, the meeting was adjourned at 11:46 p.m.
