Police Commission - November 18, 2020 - Minutes
NOVEMBER 18, 2020 REMOTE MEETING VIA VIDEOCONFERENCE
The Police Commission of the City and County of San Francisco met via videoconference at
5:45 p.m.
PRESENT: Commissioners Taylor, DeJesus, Elias, Hamasaki, Cohen
ABSENT: Commissioner Brookter
ADOPTION OF MINUTES
-
For the meeting of November 4, 2020
Motion by Commissioner Hamasaki, second by Commissioner Cohen. Approved 5-0.
PUBLIC COMMENT
Unidentified spoke regarding a cover-up and that his comments are not in the minutes. He stated he was a senior and that he was yanked out of Safeway for wearing a backpack.
REPORTS TO THE COMMISSION
a. Chief’s Request
- Weekly crime trends
- Major/Significant Incidents
- Update on foot beat deployment with a focus on the Bayview
- Presentation of the SB 1421 Monthly Updates
- Presentation of the monthly Collaborative Reform Initiatives “CRI” Updates
- Presentation regarding the Critical Mindset Coordinated Response “CMCR” Training
Chief Scott started his report with the officer-involved shooting incident that happened yesterday on Market Street between 4th and 5th, of an individual with a knife. San Francisco Officers deployed less-lethal options and a SF Sheriff Deputy deployed a taser. Suspect is taken into custody and transported to the hospital. Details regarding the virtual town hall meeting is tentatively set for Tuesday, November 24th.
Chief Scott reported on crime trends: violent crimes down 22 percent; property crimes down 25 percent; homicides up 30 percent; gun violence up 23 percent. Chief Scott then reported on major events: Two shooting incidents one in the 500 block of Alemany, victim was inside her residence when she realized she had been shot; on November 15th, a shooting where a victim self-transported to the hospital with a gunshot wound. The Chief talked about a bank robbery series on 11/7, 11/9, and on 11/12 officers responded to an individual in crisis and that individual turned out to be the suspect involved in the bank robberies. The Chief talked about stunt driving events; on 11/15 several events occurred in the bay area where at midnight numerous stunt driving events manifested throughout the city. The department was able to prevent some from materializing and others that started to materialize, the department was able to respond quickly to curtail the activity.
The Chief also talked about the testing procedures and announced that the sergeant’s exam application process open from November 20th to December 3rd. DHR and the department came up with rules for applicants with a sustained allegations of misconducts, race-based misconduct i.e. use of racial slurs, racial bias, or any forms of selective enforcement based on race, may be prohibited from moving forward in the selection process and will be disqualified.
Chief Scott then presented the district station and foot beat staffing levels.
Commander Rob O’Sullivan presented the monthly SB 1421 updates.
Chief Scott presented the CRI monthly update.
Commander Flaherty, Lt. Michael Nevin, and Sergeant Bugarin presented the Critical Mindset Coordinated Response “CMCR” Training.
b. DPA Director’s Report
- Report on recent DPA activities, and announcements
- Presentation of the monthly Statistical Report, October 2020
Director Henderson gave an update on year-to-date stats: 702 cases opened cases and closed 782 cases year to date; 358 pending cases; 38 cases sustained; 40 cases past 270 days; 32 cases mediated; 32 cases pending with the Chief; 16 cases pending with the Commission. He also reported on SB 1421 disclosures. Outreach: Mega Black meetings, stakeholder engagement forum with UCSF on 11/12, hosted Mediation 101 on 11/17, hosted an oversight panel on 11/17, and DPA staff are scheduled to participate in CMCR training in December.
Director Henderson then presented the October monthly statistical report.
c. Commission Reports
- Commission President’s Report
- Commissioners’ Reports
- Commission announcements and scheduling of items identified for consideration at future Commission Meetings.
Commissioner Hamasaki asked the Bar Association to present regarding the Police Contract.
Commissioner Elias would like to calender DGO 5.03 on December 16th; and an update on Dante King investigation from Director Henderson and requested to hear from Mr. Dante King directly.
Commissioner DeJesus would also like the Bar Association on the next meeting.
PUBLIC COMMENT
LaShon Walker thanked the Chief for his presentation regarding foot patrol. She stated that she does not see the six foot patrol officers in the Bayview when she’s walking the neighborhood on a regular basis. She suggested providing a combination of foot/car patrols.
Unidentified requested that the commission meet with their group regarding DOJ recommendations and that they are outraged with DPA regarding Mario Woods findings.
David Aaronson, Wealth Disparities in the Black Community, would like when they would hear from the commission in regards to DOJ recommendations and concerns regarding not getting a response from DPA in regards to the Mario Woods investigation.
Danielle Harris called regarding 1421 compliance.
Felicia Jones, Wealth & Disparities to the Black Community, expressed frustration in the lack of follow-up with the Commission and DPA.
Ben Saunders, Wealth & Disparities in the Black Community, spoke regarding use of force data and Chapter 96 report.
PRESENTATION OF THE SFPD/DPA REPORT ON GENERAL ORDERS/POLICY PROPOSALS “SPARKS REPORT,” 3RD QUARTER 2020
Put over to December 2nd.
DISCUSSION AND POSSIBLE ACTION TO ADOPT REVISED DEPARTMENT GENERAL ORDER 5.04, “ARRESTS BY PRIVATE PERSONS”
Deputy Chief McEachern presented DGO 5.04, “Arrests by Private Persons.”
Motion by Commissioner Elias, second by Commissioner DeJesus to adopt DGO 5.04 as amended.
AYES: Commissioners DeJesus, Hamasaki, Elias, Cohen, Taylor
ABSENT: Commissioner Brookter
PUBLIC COMMENT
None
RESOLUTION 20-75
ADOPTION OF DEPARTMENT GENERAL ORDER 5.04, “ARRESTS BY PRIVATE PERSONS”
RESOLVED, that the Police Commission hereby adopts revised Department General Order 5.04, “Arrests by Private Persons.”
AYES: Commissioners Taylor, DeJesus, Elias, Hamasaki, Cohen
ABSENT: Commissioner Brookter
PUBLIC COMMENT
David Aaronson commented that black individuals are more likely arrested and subjected to use of force by the SFPD and it is unacceptable and that there is bias in the Department and recommended per capita reporting requirement for use of force, arrest data.
Ms. Paulette Brown spoke in regards to her son Aubry Abrakasa and asked the Commissioners to write a letter to the Feds to recant statement about her son being part of a gang.
Unidentified called in regards to being dragged out of Safeway for wearing a backpack and how the use of force was deleted from the police report.
Susan Buckman, Wealth & Disparities in Black Communities, spoke in regards to the Critical Mindset training and spoke of Cesar Vargas incident.
PUBLIC COMMENT ON ALL MATTERS PERTAINING TO CLOSED SESSION
None
VOTE ON WHETHER TO HOLD CLOSED SESSION
Motion by Commissioner DeJesus, second by Commissioner Hamasaki, to go into Closed Session. Approved 5-0.
CLOSED SESSION (8:42 p.m. – 9:27 p.m.)
CONFERENCE WITH LABOR NEGOTIATOR – COLLECTIVE BARGAINING. This item is for the Commission to meet in closed session with their labor negotiator and provide direction for bargaining. The bargaining organization listed below will not be present in closed session.
Pursuant to Government Code Section 54957.6 and San Francisco Administrative Code Section 67.10(e):
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, Department General Order 1.08, “Community Policing,” & Department General Order 5.01, “Use of Force”
(Present: Commissioners Taylor, DeJesus, Elias, Hamasaki, Cohen, Chief Scott, Assistant Chief Moser, Deputy City Attorney Cabrera, Sergeant Youngblood, Sergeant Reynolds, Ret. Sergeant Kilshaw, Risa Tom, Phillip Lohaus, Director Preston, Isabelle Choy)
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 a Commissioner for the taking of evidence on disciplinary charges filed in case no. IAD 2019-0229
(Present: Commissioners Taylor, DeJesus, Elias, Hamasaki, Cohen, Chief Scott, Assistant Chief Moser, Deputy City Attorney Zarefsky, Sergeant Youngblood, Sergeant Reynolds, Ret. Sergeant Kilshaw, 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 a Commissioner for the taking of evidence on disciplinary charges filed in case no. DPA 44025-19
(Present: Commissioners Taylor, DeJesus, Elias, Hamasaki, Cohen, Chief Scott, Assistant Chief Moser, Deputy City Attorney Zarefsky, Sergeant Youngblood, Sergeant Reynolds, Ret. Sergeant Kilshaw, 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 adopt proposed Findings of Fact regarding the Commission’s August 12, 2020 decision in Disciplinary Charges filed in Case No. IAD 2018-0203, or take other action if necessary)
(Present: Commissioners Taylor, DeJesus, Elias, Hamasaki, Chief Scott, Assistant Chief Moser, Deputy City Attorney Zarefsky, Sergeant Youngblood, Sergeant Reynolds, Ret. Sergeant Kilshaw, 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, DeJesus, Elias, Hamasaki, Brookter, Chief Scott, Deputy Chief Yee, Sergeant Youngblood, Sergeant Reynolds, Risa Tom)
OPEN SESSION (9:27 p.m.)
VOTE TO ELECT WHETHER TO DISCLOSE ANY OR ALL DISCUSSIONS HELD IN CLOSED SESSION
Motion by Commissioner Elias, second by Commissioner DeJesus for non-disclosure. Approved 4-0.
PUBLIC COMMENT
None
ADJOURNMENT
Motion by Commissioner Elias, second by Commissioner Hamasaki. Approved 5-0.
Thereafter, the meeting was adjourned at 9:29 p.m.
