Police Commission - October 7, 2020 - Minutes

Meeting Date: 
October 7, 2020 - 5:30pm
Location: 

                The Police Commission of the City and County of San Francisco met via videoconference at 5:47 p.m.

                Commissioner Taylor announced that tonight’s meeting will be adjourned in honor of Firefighter Jason Cortez who died today while on duty and in honor of those who served.

                PRESENT:             Commissioners Taylor, Elias, Brookter, Hamasaki

                ABSENT:               Commissioners DeJesus, Cohen

REPORTS TO THE COMMISSION

a.            Chief’s Request

-              Weekly crime trends

-              Major/Significant Incidents

                Chief Scott reported on crime trends:  Part 1 crimes:  down 23  percent; violent crimes down 21  percent; homicide up 34 percent; gun violence up 10 percent; property crimes down 23  percent;  burglary up 43 percent.  The Chief announced that the department participated in Retail Task Force with San Mateo County along with the California Highway Patrol which resulted in significant arrests and recovery of millions of dollars in property.  He also talked about shooting numbers.  The Chief talked about two homicides that occurred last week.    The first incident was on October 1st in Union Square of a robbery gone bad where the suspect was killed by the victim in self-defense, two other suspects got away; October 4th, in the 900 block of Mission, where officers responded to a person that was struck in the head was unconscious but breathing but later died from his injury;  September 30th, at Gilman and Ingalls, officers responded to reports of gunfire and located 13 rifle and pistol casings where victim was on Ingalls and was shot in a rolling gunfight; October 2nd, at Montgomery and Market, two victims walking on Market Street when subject began to follow and subject  grabbed one of the victims and produces a gun.  The subject discharged his firearm as he ran away and later was taken into custody.  On September 30th, Tenderloin Officers arrested an aggravated assault suspect of two aggravated assaults on two elderlies.  On September 15th, at 16th & Mission, an assault on an individual on a wheelchair where the suspect was arrested on September 30th.  The Chief talked about legislation introduced by Supervisor Safai in regards to sideshow events.  The Chief announced that October is Pink Patch month to bring awareness to breast cancer.  October is also Domestic Violence Month.  The Chief then talked about ICE enforcement occurring in the City and reminded the public that the Department does not engage in any type of immigration enforcement.               

b.            DPA Director’s Report

-              Report on recent DPA activities, and announcements

-              Presentation of the August 2020 Statistical Report               

                Director Henderson gave an update on year-to-date stats:  628 cases opened cases and 691 closed cases year to date; 374 pending cases; 33 cases sustained; 31 cases past 270 days; 30 cases mediated; 34 cases pending with the Chief; 13 cases pending with the Commission.  Outreach:  This month DPA presented at the Central District community meeting; hosted a virtual panel on oversight agency; participated in a virtual stakeholder engagement series with Be Magic at the Women’s Building focused on SF organizations sharing community resources; Chief of Staff Hawkins attended SFPD, CMCR, Critical Mindset Coordinated Response Training; and, giving the Know Your Rights Presentation for the Youth Commission.  Director Henderson announced that a mediation conference will be held at the end of October and 10 members of staff will be participating on the training on AB 392, the new use of force policy with the Department.

                Director Henderson then went on to present the August 2020 Statistical Report.

c.             Commission Reports

-              Commission President’s Report

-              Commissioners’ Reports               

                Commissioner Taylor talked about Home Free an organization that helps domestic violence victims who are convicted of killing their abusers with housing when they are released.  She talked about a woman who was recently released after spending 34 years in prison.  This woman is a cancer survivor and is in a wheelchair.  She was using her wheelchair when it broke down.  This woman reached out to the advocates at Home Free who went and found a number of police officers who dropped what they were doing to help this woman.  Commissioner Taylor thanked Sergeant James O’Malley, Officers Anthony Quimbo, Simon Hoang, and Christopher Quiocho.  Commissioner Taylor went on to read the email:

“ …  Blank has been through enough in her life, and, as you said yesterday, it was poetic.  I understand these amazing peace officers are also going through quite a bit of injustice too due to the ripple effects of happened in Minneapolis.  The horrible experiences and name-calling they’ve been enduring because of the uniforms they wear not at all who they are as people, as evidence by yesterday.  Well, for whatever it’s worth, they are my heroes.  They’ve stepped up in the absolute most kindness way possible to help me and Blank with the most unusual request, a broke down brand new electric wheelchair on Jones Street, where a woman who had spent 34-years in prison unjustly and on one of the very first day she ventured out on her own with her new wheels to celebrate six months of freedom with me and you for lunch in Union Square, one block from where she was going, she got stuck.  And of all the people in the world, San Francisco’s finest responded with such grace and gentle care.  What an escort home!  Last week, Blank said she was looking forward to an adventure and what an adventure it was.  With superheroes in blue coming to the rescue in the happiest day and ending possible, thank you to our Heroes.”

                Commissioner Taylor thanked the officers for everything they did to make this woman incredibly special.

                Commissioner Brookter talked about DGO 7.01 working group and thanked the young people who are part of the working group, Commander Walsh, Asja Steeves, members from the Public Defender’s Office and District Attorney’s Office, Julie Traun, Juvenile Probation, and DPA.               

He also talked about having a conversation with OFJ in regards to BLM decals for the front and rear doors of district stations.  The Chief stated that it won’t take a resolution and that the Department is willing to put it up at the stations.               

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

                None

Public Comment

                None

DISCUSSION AND POSSIBLE ACTION TO APPROVE DRAFT DEPARTMENT GENERAL ORDER 1.08, “COMMUNITY POLICING,” FOR MEETING AND CONFERRING WITH THE SAN FRANCISCO POLICE OFFICERS ASSOCIATION AS REQUIRED BY LAW

                Chief Scott introduced Deputy Chief Lazar and Commander Fong who presented DGO 1.08, “Community Policing.”

                Motion by Commissioner Elias, second by Commissioner Brookter with amendments to change the word unbiased to bias free policing to be consistent with DGO 5.17.

AYES:                     Commissioners Hamasaki, Elias, Brookter, Taylor

ABSENT:               Commissioners DeJesus, Cohen

PUBLIC COMMENT

                Angela Jenkins spoke about being part of the working group regarding community policing is not community profiling.

                Julie Traun spoke about being part of the working group and commended the working group and its leadership and that this group should serve as a model for working groups and asked that this DGO not go to meet-and-confer.

                Carolyn Thomas spoke about being part of the working group and thanked the leadership of Deputy Chief Lazar.

RESOLUTION NO. 20-60

APPROVAL OF DRAFT DEPARTMENT GENERAL ORDER 1.08, “COMMUNITY POLICING,” FOR THE DEPARTMENT TO USE IN MEETING AND CONFERRING WITH SAN FRANCISCO POLICE OFFICERS ASSOCIATION                                                                                    

            RESOLVED, that the Police Commission hereby approves draft, dated July 1, 2020, of Department General Order 1.08, “Community Policing” for the Department to use in meeting and conferring with the San Francisco Police Officers Association.

AYES:   Commissioners Taylor, Elias, Brookter, Hamasaki

        ABSENT:   Commissioners DeJesus, Cohen

DISCUSSION AND POSSIBLE ACTION TO ADOPT REVISED DGO 10.11, “BODY WORN CAMERAS”  MEET AND CONFER DRAFT WAS APPROVED BY THE COMMISSION ON JANUARY 10, 2018               

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

AYES:                     Commissioners Hamasaki, Elias, Brookter, Taylor

ABSENT:               Commissioners DeJesus, Cohen

PUBLIC COMMENT

                Kevin Benedicto, Bar Association, stated that the Commission should adopt this policy but there are still parts of the policy that needs to be addressed.

                Rebecca Young, Public Defender’s Office, talked about when officers can view the footage where OIS or use of force is involved.

                David Rist asked why it took so long to negotiate this policy with the POA.

RESOLUTION NO. 20-61

ADOPTION OF REVISED DEPARTMENT GENERAL ORDER 10.11,”BODY WORN CAMERAS”                        

            RESOLVED, that the Police Commission hereby adopts attached draft dated January 10, 2018, of Department General Order 10.11, “Body Worn Cameras.”

AYES:   Commissioners Taylor, Elias, Brookter, Hamasaki

        ABSENT:   Commissioners DeJesus, Cohen

PUBLIC COMMENT               

                Ms. Paulette Brown spoke about her son who was murdered August 14, 2006 and that she has been meeting with her investigator about how this case can be solved and asked for help in a federal case.

PUBLIC COMMENT ON ALL MATTERS PERTAINING TO CLOSED SESSION               

                None

VOTE ON WHETHER TO HOLD CLOSED SESSION

                Motion by Commissioner Brookter, second by Commissioner Elias to go into Closed Session.  Approved 4-0.               

CLOSED SESSION (7:57 p.m. – 9:22 p.m.)

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 & SB 1421 Protocols

(Present:  Commissioners Taylor, Elias, Hamasaki, Brookter, Chief Scott, Assistant Chief Moser, Deputy City Attorney Cabrera, Sergeant Youngblood, Sergeant Reynolds, Risa Tom, Phillip Lohaus, Director LaWanna Preston, Deputy City Attorney Yank, Deputy City Attorney T. Koski)

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 settlement agreement filed in Case No. IAD 2016-0136, or take other action, if necessary

(Present:  Commissioners Taylor, Elias, Hamasaki, Brookter, Chief Scott, Assistant Chief Moser, Deputy City Attorney Zarefsky, Sergeant Youngblood, Sergeant Reynolds, Risa Tom, Attorney Worsham, Attorney Hinckley, member involved)

(These proceedings were 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:

Assignment of Commissioner for the taking of evidence on the Appeal of the chief’s suspension filed in Case No. ALW IAD 2019-0075

(Present:  Commissioners Taylor, Elias, Hamasaki, Brookter, Chief Scott, Deputy City Attorney Zarefsky, 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:

Assignment of Commissioner for the taking of evidence on disciplinary charges filed in Case No. IAD 2019-0201

(Present:  Commissioners Taylor, Elias, Hamasaki, Brookter, Chief Scott, Deputy City Attorney Zarefsky, 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:

Assignment of Commissioner for the taking of evidence on disciplinary charges filed in Case No. IAD 2019-0218

(Present:  Commissioners Taylor, Elias, Hamasaki, Brookter, Chief Scott, Deputy City Attorney Zarefsky, 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:

Status and calendaring of pending disciplinary cases

(Present:  Commissioners Taylor, Elias, Hamasaki, Brookter, Chief Scott, Sergeant Youngblood, Sgt. Reynolds, Risa Tom)

OPEN SESSION (9:25 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.

PUBLIC COMMENT

                None

ADJOURNMENT

                Motion by Commissioner Taylor to adjourn the meeting in honor of Fire Fighter Jason Cortez and everyone who served,  second by Commissioner Elias.  Approved 4-0.               

Thereafter, the meeting was adjourned in honor of SFFD Jason Cortez, at 9:28 p.m.