Police Commission - December 2, 2020 - Minutes

Meeting Date: 
December 2, 2020 - 5:30pm
Location: 

The Police Commission of the City and County of San Francisco met via videoconference at 5:40 p.m.

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

ADOPTION OF MINUTES

  • For the meeting of November 18, 2020

    Commissioner Elias requested that the minutes be amended to add, under items to be considered at future commission meetings, her request to hear from Mr. Dante King directly.

    Motion by Commissioner DeJesus, second by Commissioner Elias as amended.  Approved 5-0.

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

       ABSTAINED:  Commissioner Brookter               

    PUBLIC COMMENT

    None

    REPORTS TO THE COMMISSION

    a.            Chief’s Request

    -              Weekly crime trends

    -              Major/Significant Incidents

    -              Status of Department’s efforts to implement Proposition E, Police Staffing Levels               

                    Chief Scott reported on crime trends:  Part one crime, down 25 percent.  The Chief stated that the biggest issues are hot prowls and garage burglaries targeting bicycles and small hand tools.  Significant arrests have been made.  The Chief continued with homicides up 36 percent, there were seven homicides in December.  Chief Scott then reported on major events:  Two fatal traffic collisions:  38th & Geary a vehicle made contact with a 68-year-old male crossing the street.  Victim did not survive his injuries, driver stayed at the scene; Mission District, on 16th & Bryant, a male on scooter was struck, vehicle fled and was found abandoned in the Bayview, victim did not survive his injuries; Dr. Grant Colfax, Health Director, announced that the city moved to purple tier and certain activities are rolled back and the city will comply with limited stay at home order until December 31st.  The Chief then gave an update on the Prop E proposal.  The Chief stated that staffing and deployment and improving methodology to have systems in place has been going on for three years.  In 2018, the Staffing & Deployment Unit was created and responsible for staffing and deployment tracking throughout the Department.  The unit includes sworn and non-sworn members including an analyst.  The unit have completely automated the Department’s personnel tracking system and created a current and historical record of employees’ assignments in the Department.

    b.            DPA Director’s Report

    -              Report on recent DPA activities, and announcements               

                    Director Henderson gave an update on year-to-date stats: 725 cases opened cases and closed 808 cases year to date; 355 pending cases; 39 cases sustained; 34 cases past 270 days; 32 cases mediated; 32 cases pending with the Chief; 13 cases pending with the Commission.  Outreach:  Participated in race equity leadership group; hosted a mediation based discussion panel with DPA mediators; hosted DPA 101 Informational Session for CHALK, “Community in Harmony Advocating for Learning and Kids Organization.”

                    Director Henderson stated that he would like to make a presentation to the Commission, at a later date, in regards to changes in the election on the oversight reform that is taking place in the state to talk about what the current state of things are as well as where DPA is in context of those things.               

    c.             Commission Reports

    -              Commission President’s Report

    -              Commissioners’ Reports

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

                    Commissioner Elias requested that the Dante King be present at the Commission to discuss his allegations of bias in the department and made a motion to agendize and have Mr. King before the Commission on December 16th.  Second by Commissioner Cohen.                

    AYES:  Commissioners DeJesus, Hamasaki, Elias, Brookter, Cohen, Taylor.  Approved 6-0.

    PUBLIC COMMENT on motion regarding attendance of Dante King

    Unidentified supports the motion.

                    Commissioner Elias would like DGO 5.03 for December 16th.  Moved to January 6th agenda to allow for posting.

    PUBLIC COMMENT;

                    Ms. Paulette Brown called in regards to her son Aubry Abrakasa and concerns she had about the Feds regarding her son being in a gang and asked the Commissioners to write a letter to the Feds  about recanting their story of her son being part of a gang.

                    Commissioner Hamasaki replied to Ms. Brown saying that he does not have the facts of the case to make a determination and asked if there is any other way to support her.

                    Unidentified spoke regarding the Commission being antagonistic against each other.               

    PRESENTATION OF THE SAFE STREETS FOR ALL QUARTERLY REPORT, 3RD Quarter 2020

                    Commander Dan Perea presented the Safe Streets for All, 3rd Quarter 2020 report.

    PUBLIC COMMENT

                    Unidentified spoke of traffic enforcement having no role in traffic fatalities in the streets.

    PRESENTATION OF THE SFPD/DPA REPORT ON GENERAL ORDERS/POLICY PROPOSALS “SPARKS REPORT,” 3RD QUARTER 2020

                    Chief of Staff Sarah Hawkins and Executive Director Catherine Maguire presented the SFPD/DPA Report on General Orders/Policy Proposals Report, 3rd Quarter 2020.   

    PUBLIC COMMENT

                    None

    DISCUSSION AND POSSIBLE ACTION ISSUE DEPARTMENT BULLETIN 20-163, “GROOMING STANDARDS,” MODIFYING DEPARTMENT GENERAL ORDER 10.02, “EQUIPMENT”

                    Assistant Chief Bob Moser presented Department Bulletin 20-163, “Grooming Standards,” modifying DGO 10.02, “Equipment.”               

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

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

    PUBLIC COMMENT

                    None

    RESOLUTION 20-79

    APPROVAL TO ISSUE DEPARTMENT BULLETIN 20-163, “GROOMING STANDARDS,” MODIFYING DEPARTMENT GENERAL ORDER 10.02, “EQUIPMENT”   

                    RESOLVED, that the Police Commission hereby approves the issuance of Department Bulletin 20-163, “Grooming Standards,” modifying Department General Order 10.02, “Equipment.”

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

    GENERAL PUBLIC COMMENT

    Anonymous emailed the following comment:  “SFPD was recently found to have violated various Sunshine laws, including for lacking a key by footnote or clear reference for their redactions (SOTF 19098). Your Commission has a similar pending complaint against it. DPA also has a similar complaint against it - but, unlike your Commission or SFPD, which claim to have changed their training and practices to comply with SFAC 67.26 in SB 1421 records after I began litigation, DPA refuses to change their ways. I urge you to direct Mr. Henderson to comply with the law, and immediately cause DPA to justify their SB 1421 redactions. The cost of redoing ever more productions due to Henderson's obstinance is unacceptable.  Chief Scott was also found to have personally violated (and later, willfully violated) the law for refusing to disclose information about his meetings and calendar (SOTF 19112). You must direct Scott to comply.”

    PUBLIC COMMENT ON ALL MATTERS PERTAINING TO CLOSED SESSION

                    None                   

    VOTE ON WHETHER TO HOLD CLOSED SESSION

                    Motion by Commissioner Hamasaki, second by Commissioner Brookter, to go into Closed Session.  Approved 6-0.               

    CLOSED SESSION (8:08 p.m. – 9:37 p.m.)

    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:

    PUBLIC EMPLOYEE PEFROMANCE EVALUATION – Chief of Police

    Review of findings and Chief’s decision to return or not return officer(s) to duty following officer-involved shooting (OIS 20-004)

    (Present:  Commissioners Taylor, DeJesus, Elias, Hamasaki, Brookter, Cohen, Chief Scott, Assistant Chief Moser, Deputy City Attorney Cabrera, Sergeant Youngblood, Sergeant Reynolds, Ret. Sergeant Kilshaw, Risa Tom, Sergeant Ospital)

    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. DPA 03348-18, or take other action if necessary

    (Present:  Commissioners Taylor, DeJesus, Elias, Hamasaki, Brookter, Cohen, Deputy City Attorney Zarefsky, Sergeant Youngblood, Sergeant Reynolds, Risa Tom, Attorney D. Rosenstein, Attorney A. Berry-Wilkinson, and members involved)

    (These proceedings were taken in shorthand form by Ms. Paula Behmke, CSR., Behmke Reporting and 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 a Commissioner for the taking of evidence on disciplinary charges filed in case no. DPA 44131-19

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

    OPEN SESSION (9:37 p.m.)

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

                    Motion by Commissioner Elias, second by Commissioner Hamasaki for non-disclosure.  Approved 6-0.

    PUBLIC COMMENT

                    None

    ADJOURNMENT

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

    Thereafter, the meeting was adjourned at 9:40 p.m.