Police Commission - January 6, 2021 - Minutes

Meeting Date: 
January 6, 2021 - 5:30pm
Location: 

The Police Commission of the City and County of San Francisco met via videoconference at 5:35 p.m.

PRESENT:             Commissioners DeJesus, Elias, Hamasaki, Brookter, Cohen

VOTE FOR THE ELECTION OF OFFICERS AS SPECIFIED IN THE RULES OF ORDER AND DURATION OF OFFICES   

                Commissioner DeJesus nominated Commissioner Cohen for President and Cindy Elias for Vice President.  Second by Commissioner Hamasaki.  Approved 5-0.

                AYES:  DeJesus, Hamasaki, Elias, Brookter, Cohen

Public Comment

                None               

                President Cohen thanked her colleagues for their vote.

                Vice President Elias thanked everyone.

                Commissioner Hamasaki stated that terms are generally one-year.  Commissioner Cohen agreed that the terms will be for one-year.

RESOLUTION NO. 21-1

ELECTION OF PRESIDENT & VICE PRESIDENT OF THE POLICE COMMISSION

RESOLVED, that Commissioner Malia Cohen shall serve as President of the San Francisco Police Commission for a term of one year.

RESOLVED, that Commissioner Cindy Elias shall serve as Vice President of the San Francisco Police Commission for a term of one year.

                AYES:     Commissioners DeJesus, Elias, Hamasaki, Brookter, Cohen

ADOPTION OF MINUTES

  • For the meetings of December 2 and 16, 2020

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

    Public Comment

                    None

                    Commissioner Cohen asked that presentations be limited to 10 minutes.  She asked that highlights/summary of presentations be presented within 10 minutes to leave enough time for conversation and follow-up questions.

    REPORTS TO THE COMMISSION

    a.            Chief’s Request

    -              Weekly crime trends

    -              Major/Significant Incidents                

                    Chief Scott reported that there has been no activity in the city as to what is happening at the Capitol.

                    Chief Scott reported on crime trends:  Part one crimes, down 63 percent.  The Chief reported on a significant arrest where an individual was arrested who was a serial burglar in the Tenderloin on December 3rd, with eight outstanding warrants in addition to open burglary cases.  As far as violent crimes, there was homicide on the last week of 2020.  There were 48 homicides in 2020, which is a 17 percent decrease compared to 2019.   From the beginning of the year, there were six shooting victims from five shooting incidents different districts.

                    Chief Scott reported on recent hit-and-run where two victims were killed, and that suspect was arrested.   The Chief also reported on stunt driving (side show) incidents and stated there were a number of these events that occurred over the New Year’s Eve weekend.  The Chief reported that units were ready to take action and all events were disrupted in a timely manner.  Vehicles were impounded and citations were issued.

    b.            DPA Director’s Report

    -              Report on recent DPA activities, and announcements

    -              Presentation of the November 2020 Monthly Statistical Report

    -              Presentation of DPA’s 3rd Quarter Report               

                    Chief of Staff Sarah Hawkins gave an update on 2020 year-end stats: 798 cases opened cases and closed 886 cases in 2020; 351 pending cases; 44 cases sustained; 29 cases past 270 days; 50 cases mediated; 38 cases pending with the Chief; 14 cases pending with the Commission.    

                    Chief of Staff Hawkins then presented the November 2020 Monthly Statistical Report.

                    Outreach:  December 17, 2020, DPA jointed the Mega Black general meeting for the Criminal Justice Subcommittee; December 23 & 24, 2020, DPA staff was deployed to the Emergency Operations Center joining the City’s Covid Task Force for the holiday pop-up testing site at 24th and Mission.  Upcoming events:  On January 14, there will be a virtual mediation tabletop focusing on equalizing power imbalances during mediation sessions; January 15, there will be a virtual engagement series on Martin Luther King’s legacy; January 21, two separate panels:    One about the importance of language access in oversight agencies and one about police oversight auditing.  Internal training:    On December 4, staff attended City HR Implicit Training virtual course; December 18 and on January 8, staff training on communicating across cultures; in February, the entire staff will attend training hosted by the Office of Transgender Initiative.

                    Chief of Staff Hawkins then presented the 3rd Quarter 2020 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 congratulated Commissioners Cohen and Elias and stated that the Commission should act more proactively than reactively.

                    Commissioner Brookter spoke of meeting regarding DGO 7.01 which is policy and procedure for youth and thanked the working group.

                    Commissioner Elias stated that the Commission received the Wealth and Disparity email and is working on how to appropriately respond.

                    Commissioner Cohen spoke on how to deal with public comment and how to respond to the public.  She stated that she would like to have a controlled amount of time at the beginning of the agenda for general public comment.   

    Public Comment

                    Ms. Paulette Brown congratulated Commissioners Cohen and Elias.  She went on to talk about her son, Aubry Abrakasa, and that her son’s case is still open and thanked Commissioner DeJesus for the letter she wrote on behalf of her son.

    DISCUSSION AND POSSIBLE ACTION TO APPROVE DRAFT DEPARTMENT GENERAL ORDER 5.03, “INVESTIGATIVE DETENTIONS,” FOR MEETING AND CONFERRING WITH THE SFPOA AS REQUIRED BY LAW

                    Commissioner Elias thanked the Chief, Julie Traun, Rebecca Young, Janelle Caywood, and the group and the various members who participated in the meetings.

                    Chief Scott also thanked the DPA and everyone who worked on this policy.

                    Commissioner Hamasaki thanked Vice President Elias for bringing everybody on the table.

                    Commander Teresa Ewins gave a brief overview of the changes made in DGO 5.03.

                    Commissioner Elias asked that the extra period on page 3, under C (2) be deleted.

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

    AYES:     Commissioners DeJesus, Hamasaki, Elias, Brookter, Cohen

    Public Comment

                    Rebecca Young congratulated the commissioners for the election.  She went on to state that 5.03 is the kind of product that evolved from dedicated public servants collaborating on a final goal that will serve the common good.  She commended Commander Ewins and thanked Chief Scott for his openness in listening to the Bar Association of San Francisco.

                    Pastor Megan Rohrer thanked the leadership of the working group and everyone who worked on this policy.

                    Julie Traun commended the Chief for his draft of the to make sure detentions are tracked going forward and thanked Commander Ewins and Commissioner Elias for all the hard work that went into this policy.

                    Commissioner Elias thanked Sergeant Kilshaw for her work on this DGO.

    DISCUSSION AND POSSIBLE ACTION TO APPROVE DRAFT DEPARTMENT GENERAL ORDER 11.11, “INTERVENTION AND RESOURCE PROGRAM,” FOR MEETING AND CONFERRING WITH THE SFPOA AS REQUIRED BY LAW               

    Chief Scott presented draft DGO 11.11, Intervention and Resource Program.

    Public Comment

                    None

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

    PRESENTATION OF THE 2ND & 3RD QUARTER SFPD/DPA DOCUMENT PROTOCOL REPORT               

                    Chief of Staff Hawkins gave a brief background on why this item is on as a separate agenda item as opposed to the Consent Calendar. 

    Public Comment

                    None.               

    PRESENTATION OF THE 3RD & 4TH QUARTER 2020 POLICE COMMISSION REPORT OF DISCIPLINARY ACTIONS AND UPDATE ON CASES REMANDED BACK TO THE CHIEF

                    Chief Scott presented the update on cases remanded back to the Chief.

    IAD 2018-0212:  Finding is Improper Conduct.  Member is notified of findings and can request an appeal.  Case can be released under SB 1421.

    DPA 0231-18:  Finding is Improper Conduct.  Member is notified of findings and can request an appeal.  Case can be released under SB 1421.

    ALW IAD 2019-005:  Finding is Improper Conduct.  Member is notified of findings and can request an appeal.  Case does not fall under SB 1421.

    IAD 2018-0204:  Finding is Improper Conduct.  Member is notified of findings and can request an appeal.  Case does not fall under SB 1421.

    Public Comment

                    None

    GENERAL PUBLIC COMMENT

                    Rebecca Young, Public Defender, spoke of transparency in bargaining between the Police Department and the POA and asked the Commission to propose a Charter Amendment for transparency.

                    Ms. Paulette Brown spoke of her son, Aubry Abrakasa, and asked anyone with any information to call the tip line 415-575-5555.

    PUBLIC COMMENT ON ALL MATTERS PERTAINING TO CLOSED SESSION

                    None                   

    VOTE ON WHETHER TO HOLD CLOSED SESSION

                    Motion by Commissioner Hamasaki, second by Commissioner Elias, to go into Closed Session.  Approved 5-0.               

    CLOSED SESSION (7:22 p.m. – 7:59 p.m.)

    CONFERENCE WITH LABOR NEGOTIATOR – COLLECTIVE BARGAINING.  This item is for the Commission to meet in closed session with its labor negotiator and provide direction for bargaining with the SFPOA.  The POA is not permitted to attend this closed session meeting.

    Pursuant to Government Code Section 54957.6 & SF 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,” and Department General Order 5.01, “Use of Force”

    (Present:  Commissioners DeJesus, Elias, Hamasaki, Brookter, Cohen, Chief Scott, Assistant Chief Moser, Sergeant Youngblood, Sergeant Reynolds, Phillip Lohaus, Risa Tom, Director LaWanna Preston)

    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 2020-0142

    (Present:  Commissioners DeJesus, Elias, Hamasaki, Brookter, Cohen, Chief Scott, Assistant Chief Moser, 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 a Commissioner for the taking of evidence on disciplinary charges filed in case no. IAD 2020-0141

    (Present:  Commissioners DeJesus, Elias, Hamasaki, Brookter, Cohen, Chief Scott, Assistant Chief Moser, 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:

    Reassignment of a Commissioner for the taking of evidence on disciplinary charges filed in case no. IAD 2015-0076

    (Present:  Commissioners DeJesus, Elias, Hamasaki, Brookter, Cohen, Chief Scott, Assistant Chief Moser, 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 DeJesus, Elias, Hamasaki, Brookter, Chief Scott, Assistant Chief Moser, Sergeant Youngblood, Sergeant Reynolds, Risa Tom)

    OPEN SESSION (8:00 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 5-0.

    PUBLIC COMMENT

                    None

    ADJOURNMENT

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

    Thereafter, the meeting was adjourned at 8:04 p.m.