Police Commission - February 3, 2021 - Minutes
The Police Commission of the City and County of San Francisco met via videoconference at 5:38 p.m.
PRESENT: Commissioners Cohen, Elias, DeJesus, Hamasaki, Brookter
(Commissioner Cohen joined the meeting at 6:04 p.m.)
Commissioner Elias announced that Item #6 on the agenda, presentation by SFPD/DHR regarding Bias at Hiring Stage, will be taken off calendar and put over to a later date.
GENERAL PUBLIC COMMENT
Aaron asked the Commission to reduce SFPD budget and to allocate funding to CART instead. He stated that implementing CART would take less than ½ percent of the police budget and will improve outcomes of people living on the streets.
Unidentified called to support CART and redirect funding to programs like CART that will address homelessness in a more correct manner and would like to see less police.
Magick Altman spoke to defund the police.
Zoe Baker spoke of incident where homeless encampment was swept up and properties thrown away.
Sara asked the commission to have massive reduction to the budget and allocate a small portion to fund CART instead.
Starchild spoke of civil asset forfeiture and asked that it be put on the agenda for discussion and would like to know how much money the department is getting from the Feds, who is getting the money, who is being charged, how much money is taken, and what property is taken.
Evi asked the Commission to fund the CART program to help the community.
David Elliott Lewis part of the CART working group and stated that they looked at best practices around the country and stated that there is supporting for this program within the department and that the police should not be doing mental health support.
Carlos asked the SFPD to reduce its budget and to fund CART.
Adriana for Justice for Lewis Gongora Pat and worked with the CART proposal to move away from police response to homelessness and to ask the Commission to reduce the police budget.
Carolyn asked to continue to shift police responses and redirect to CART and spoke of resignation of police pending disciplinary charges.
Dela, CART working group, asked that police budget be cut and ask the Mayor to fund CART.
Sara spoke to reduce police budget and fund CART and remove police from escorting DPW.
Simon asked to fund CART and to completely defund and abolish the police.
ADOPTION OF MINUTES
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For the meetings of January 13 and 20, 2021
Motion by Commissioner Brookter, second by Commissioner Hamasaki. Approved 5-0.
PUBLIC COMMENT
Starchild spoke regarding the minutes and would like to see the comments and remarks made by the public as closed to verbatim as possible.
Unidentified spoke to have public comment for be an official part of the record.
REPORTS TO THE COMMISSION
Chief’s Request
- Weekly crime trends
- Major/Significant Incidents
Chief Scott reported of homicides of two elderly individuals who were attacked, and both died from their injuries. First was an unprovoked attack on an 84-year-old elderly at Anza Vista and Fortuna where the victim was pushed violently to the ground and the victim died from his injuries. Two individuals were arrested in this incident. Another was the attack on Jack Paladino, 73-years old, who was taking photographs when the suspect tried to steal his camera, knocking Mr. Paladino down to the ground. Mr. Paladino died from his injuries. Arrests were made on this incident. The Chief spoke of press conference with the Mayor and the District Attorney to talk about these two cases. Another homicide happened in the Bayview and investigation is ongoing. This is the 5th homicide of the year.
Chief Scott reported on crime trends: Violent crimes down 20 percent; property crimes down 38 percent; auto burglaries down 55 percent. The Chief also reported on side show events and spoke of an event last weekend where officers were able to shut down a number of events and impounded 11 cars and cited a number of individuals.
Chief Scott stated that he does not have anything to report as far as domestic terrorism in the city but did talk about a bulletin put out by the National Terrorism Advisory System.
Chief Scott gave a brief update on vaccinations. He reported that the department is under Tier 1B and that the City is now working to vaccinate Tier 1A individuals, but the department is working with the Mayor’s Office and the Health Director to get officers vaccinated.
DPA Director’s Report
- Report on recent DPA activities, and announcements
- Presentation of December 2020 Monthly Statistical Report
Director Henderson gave an update on year-to-date stats: 51 cases opened cases and closed 51 cases year to date; 354 pending cases; 5 cases sustained; 36 cases past 270 days; 0 cases mediated; 38 cases pending with the Chief; 14 cases pending with the Commission. Outreach: Can be found on community calendar on the DPA’s website and posted on Tweeter, Facebook, Instagram and on DHR’s website. On January 21st, participated in oversight and audit panel discussing police oversight with emphasis on auditing; also on January 21st , he spoke on GEMS, Girls Empowered Motivated and Strong, an agency focused on young girls of color who are attending STEM academy; January 22nd, DPA 101 presentation, general information about DPA; Jan 27th, hosted a stakeholder engagement with Be Magic and continue to participate with Mega Black meetings; Jan 29th, participated in reforming police through changing labor relations. Director Henderson also reported on meeting with the Wealth and Disparities Group. He also spoke of the staff participated in Cal Osha mandatory training and participated in virtual Trans 101 training hosted by the Mayor’s Office Transgender Initiatives.
Commission Reports
- Commission President’s Report
- Commissioners’ Reports
- Commission announcements and scheduling of items identified for consideration at future Commission Meetings.
Commissioner Cohen announced that the Youth Commission will be back on the agenda in March.
Commissioner Brooker gave a brief update on DGO 7.01 and is continuing to meet with the working group and thanked the Department for meeting with him and Commissioner Cohen, Director McGuire, Patrick Leung, Diana Oliva-Aroche, Phillip Lohaus regarding the Department’s budget. He asked to agendize to have Officers For Justice to present regarding masks created for Black History Month.
Commissioner DeJesus asked to agendize a presentation regarding Asset Forfeiture and how it works.
PUBLIC COMMENT:
Ms. Paulette Brown spoke in regard to her son Aubrey Abrakasa who was murdered August 14, 2006, and that his case is still open and pending and that it’s been 14 years and she wants justice for her son. She thanked Commissioner DeJesus, Deputy Chief Lazar, and Chief Scott for writing letters on behalf of her son.
David Elliott Lewis spoke of what is going on in the Civic Center and in the Tenderloin and spoke of violence and threats against merchants of the Farmer’s Market. He spoke of increased drug dealing and asked for police presence and foot beats to address community safety needs.
Starchild thanked Commissioner DeJesus for putting the Asset Forfeiture presentation on the agenda. He asked Director Henderson for contact information on police audit panel to ask if they are looking into asset forfeiture as part of their audit.
PRESENTATION OF THE SFPD’S 4TH QUARTER 2020 SAFE STREETS FOR ALL REPORT
Commander Dan Perea presented the 4th Quarter 2020 Safe Streets for All Report.
PUBLIC COMMENT
David Elliott Lewis spoke of how streets are unsafe for pedestrians and spoke of how his neighborhood is underserve in this area.
DISCUSSION AND POSSIBLE ACTION TO APPROVE DEPARTMENT BUDGET FOR FISCAL YEAR 2022/23
Commissioner Brookter thanked the Department’s Fiscal Division for sitting down with the commissioners to discuss the budget process and the budget itself.
Commissioner Cohen stated that this is a discussion to bring to the public what have been discussed with the Department in regard to the budget.
Executive Director Catherine Maguire introduced CFO Patrick Leung to present the budget presentation. CFO Leung went over the budget including the Department’s budgetary needs; review of budget reductions for current year and FY 22; FY 22 budget; and the Mayor’s requested department reductions.
Commissioner Elias would like the total sum is that is being paid out towards lawsuits against the department and where is that money coming from.
Deputy City Attorney Cabrera asked what type of litigation cases Commissioner Elias is asking for. Commissioner Elias stated that she is interested in 4th Amendment cases which would include illegal searches and seizures and excessive force and 1983 litigations.
PUBLIC COMMENT
David Elliott Lewis supports the budget provided that it has funding for CART and also proposed that no cuts be made to the Crisis Intervention Team.
Kevin Carroll, President & CEO of Hotel Council of SF, spoke regarding the safety of the residences, his employees, and visitors of San Francisco and how many of his employees does not feel safe in San Francisco and asked the Commission to support staffing for the police and asked for additional support for SFPD to upgrade their Technology.
Terry Lewis, Hilton Union Square & Park 55 Hotel, thanked Chief Scott and the SFPD for work done in police reforms. She continued to talk about the safety of her 1500 employees and visitors of San Francisco and asked the Commission to support staffing levels for police officers.
Unidentified spoke that police does not keep him safe and that the commission need to examine what would keep them safe and supports CART and that the police does not keep him safe.
Starchild stated that it is outrageous that when officers are sued that taxpayers have to pay for it and proposed having officers buy their own legal liability insurance and spoke on how the public wants less police and better priorities. He spoke that prostitution should not be criminalized.
Tony, hotel manager, spoke that talking about cutting budget makes no sense to him and spoke of crimes and how his car windows have been broken twice and how he has been chased down the street by a drug addict and that this city is out of control and that we need to support the police to make residence safe. He stated that if that is not done, businesses will leave the city. He stated that businesses need to be supported and its citizens safe.
Stephan, Area Managing Director hotel manager, agreed with previous caller and stated that the safety of his employees, the residence and visitors of the city, are important and spoke of how several of his employees and staff members have been assaulted to and from work and his night auditor was beaten at Fisherman’s Wharf and barely survived and spoke of pedestrian safety in Fisherman’s Wharf. He asked for support to protect staffing levels and upgrade technology.
Francisco Dacosta spoke of how the quality of life in San Francisco have been compromised and stated that commission should accompany the police in their cars to see what is happening. He asked that the commissioners take their job seriously. He asked for the Commissioners hear what the private industries are asking for.
PRESENTATION BY SFPD/DHR REGARDING BIAS AT THE HIRING STAGE
Taken off calendar to be put over to a later date.
PUBLIC COMMENT ON ALL MATTERS PERTAINING TO CLOSED SESSION
Unidentified spoke of concerns regarding closed session discussions that are discussed behind closed doors.
Starchild spoke of policies regarding closed sessions and that policies regarding closed sessions have not be re-evaluated since the passage of AB 1421 and things discussed is secret really legally do not need to be discussed in secret and to put off closed session until this issue is resolved.
VOTE ON WHETHER TO HOLD CLOSED SESSION
Motion by Commissioner Elias, second by Commissioner Brookter, to go into Closed Session. Approved 5-0.
CLOSED SESSION (8:15 p.m. – 9:32 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:
Discussion and possible action to accept or reject settlement agreement in the Appeal of the chief’s Suspension filed in Case No. IAD 2016-0167, or take other action if necessary
(Present: Commissioners Cohen, Elias, DeJesus, Hamasaki, Brookter, Chief Scott, Assistant Chief Moser, Deputy City Attorney Zarefsky, Sergeant Youngblood, Sergeant Reynolds, Risa Tom, Attorney Worsham, Ret. Captain Chignell, member involved)
(These proceedings are taken in shorthand form by Ms. Paula Behmke, CSR., Behmke Video and Recording 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 in disciplinary case no. IAD 2020-0021
(Present: Commissioners Cohen, Elias, DeJesus, Hamasaki, Brookter, 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:
Discussion and possible action to take off calendar disciplinary Case No. DPA 44131-19 due to member’s resignation effective January 25, 2021, or take other action if necessary
(Present: Commissioners Cohen, Elias, DeJesus, Hamasaki, Brookter, 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 Cohen, Elias, DeJesus, Hamasaki, Brookter, Chief Scott, Deputy City Attorney Zarefsky, Sergeant Youngblood, Sergeant Reynolds, Risa Tom)
OPEN SESSION (9:32 p.m.)
VOTE TO ELECT WHETHER TO DISCLOSE ANY OR ALL DISCUSSIONS HELD IN CLOSED SESSION
Motion by Commissioner DeJesus, second by Commissioner Elias for non-disclosure. Approved 5-0.
PUBLIC COMMENT
None
ADJOURNMENT
Motion by Commissioner Elias, second by Commissioner Brookter. Approved 5-0.
Thereafter, the meeting was adjourned at 9:33 p.m.
