Police Commission - February 10, 2021 - Minutes
The Police Commission of the City and County of San Francisco met via videoconference at 535 p.m.
PRESENT: Commissioners Cohen, Elias, DeJesus, Hamasaki, Brookter
(Commissioner Cohen joined the meeting at 6:19 p.m.)
GENERAL PUBLIC COMMENT
Emily Lee, SF Rising, commented to defund SFPD and funding the community. Spoke of the CART Program and asked for $4.8 million to fund the program.
Jane, Wealth and Disparities in Black Communities, spoke in regard to Mario Woods Report and asked if the Commission have reviewed the DPA report regarding Mario Woods. She spoke of DPA recommendations and replies from Chief Scott.
Jesse, District 6, called because of unhoused neighbors and spoke of SFPD budget and asked the Commission to reject the police budget and that it should be rededicated to fund the mental health care and hospitals and health care needed.
Austin spoke to ask the Commission to reject the police budget and that there should be radical reduction of police budget.
Kit Hodge, Wealth & Disparities in Black Communities, spoke of meeting with DPA regarding shooting of Mario Woods and spoke of letters between DPA and Chief Scott and disagreement of Chief with four DPA recommendations.
Susan Buckman, Wealth & Disparities in Black Communities, spoke of follow-up on DPA recommendation #13 out of 17 that DPA be included in an advisory role to the SFPD on decisions whether to return officers back on duty after an officer-involved shooting. She stated that the Chief responded with a refusal stating that the decision to return officers to duty is a personnel decision and not investigatory.
Noah asked the Commission not support the police budget and spoke that officers are not social workers or mental health counselors and that funding should go to CART. He went on to talk about the DOJ reforms.
Ms. Paulette Brown spoke of her son Aubrey Abrakasa and that her son’s case is still unsolved and is still a cold case. She spoke of how the Feds have said that her son is in a gang and stated that her son is not in a gang and she asked for help for someone to do anything about this.
Jordan Davis called to defund the police budget and that it should not be approved, and that funding should be reallocated to CART and that $8.6 million should go to support housing for the homeless.
Sara called to ask Commission not support the police budget because the cuts does not represent the fundamental changes in policing that have been promised and spoke of the Dante King presentation and would like the Commission to identify radical reduction to the police budget that reflect national reckoning on race and restructuring of policing.
Jennifer Friedenback, Coalition on Homelessness, spoke of transforming police response to homelessness and that that response should be transformed and spoke of the Compassionate Alternative Response to Homelessness and would like to do a follow-up presentation.
Jason Wyman, District 10, spoke of reduction of police budget and spoke of writing a letter to the Board of Supervisors asking for $4.6 million to fund the CART program.
Stella spoke to ask the Commission to not support the budget and to reallocate funding to community programs like the CART Program.
Ms. Aragon called to please not approve the budget and spoke of the unhoused population that are growing and spoke of feeling unsafe because of the police interactions.
PRESENTATION OF THE CENTER FOR POLICING EQUITY REPORT
Jamie Schutz and Hans Menos, along with Matthew Graham, presented the Center for Policing Equity Report.
PUBLIC COMMENT
Yulanda Williams, OFJ President, spoke of low participation in the project and spoke of how they did not reach out to OFJ and stated that they do not trust this company and do not trust paper surveys, and stated that Oregon is not California.
Sophia, SF Rising, asked the Commission to not support the police budget and San Francisco should align its budget with its values and that $4.8 million should go to CART.
Jason, District 10, spoke of correlation of finding money and spoke of the presentations that cost money and spoke of $4.8 million to fund the CART program. Spending of money should be reprioritized.
Commissioner Hamasaki explained that the Center for Policing Equity is not charging the Department and is doing this on a voluntary basis and at no cost to the city.
REPORTS TO THE COMMISSION
Chief’s Request
- Weekly crime trends
- Major/Significant Incidents
Chief Scott reported on crime trends: homicides are up significantly but stated that four of the five cases have been solved; gun violence, total of 27 incidents resulting in 33 victims year-to-date. Three of those are homicide victims and the other 30 are non-fatal; burglaries are up significantly, 56 percent up this year; motor vehicle thefts are up 27 percent; larceny, down 52 percent; robberies down 28 percent; assaults, up one percent.
Chief Scott reported on traffic fatalities: On February 4th at Higuera and Lake Merced in the Taraval, suspect vehicle ran a red light and collided with pedestrian who did not survive. The driver was driving a stolen vehicle and was arrested. The Chief reported that no stunt driving event over the weekend.
Commissioner Cohen asked why is there an increased in violent crimes in the Bayview and what is the strategy and what resources is needed. Chief Scott spoke of strategies. Short-term strategy after gun violence occurs is to solve the crime. He stated that group/gang violence is the cause for increased violence. He stated that the Department is working with group entities, working to get guns off the streets to respond to the violence. As far a long-term strategy, the Department is the work with the California Partnership which started a couple of years ago with the formulation of the Crime Gun Investigation Center along with the reformulation of the Gang Task Force. Investigators were added to the Gang Task Force Unit. The Chief also stated that officers need to be out there to try to prevent violence.
Commissioner Brookter asked about an incident that involved a young person struck by a vehicle. The Chief stated that there was a 12-year-old child that was struck and killed by a vehicle, but it does not appear to have any type of criminal culpability on behalf of the driver. The child was on a skateboard when hit by the vehicle. The driver stayed at the scene.
Commissioner Brookter also asked about a missing child, 12-years-old, Joshua Peterson, missing since 8 p.m. Tuesday night from San Francisco on Hayes between Buchanan and Webster Streets. The Chief will follow-up on this inquiry.
Commissioner Elias expressed concern regarding labeling the cause of violence as gang violence and would like another answer. The Chief explained that in 2017 when the budget was passed, the Department had money in the budget to analyze this issue and part of the objective was to have an understanding of what’s driving shootings and homicides in the city. The second part is to come up with strategies that go beyond arrest and enforcement. The Chief explained that this is not a knee-jerk reaction and that the California Partnerships spent a year analyzing every homicides from 2017 to 2020. They looked at every individual shootings, pulling case files and going through it with the investigators. The Chief explained that he used the term group and not gang is because sometimes it is not a gang as defined legally but there are groups involved. He stated that the information provided is solid and is hard data.
DPA Director’s Report
- Report on recent DPA activities, and announcements
Director Henderson spoke of asset forfeiture and explained that the state does a review of asset forfeiture in every county and the report is issued every year.
Director Henderson gave an update on year-to-date stats: 74 cases opened cases and closed 77 cases year to date; 348 pending cases; 7 cases sustained; 32 cases past 270 days; 0 cases mediated; 41 cases pending with the Chief; 14 cases pending with the Commission.
Director Henderson reported that earlier this week, he met with Commissioner Brookter to talk about audit.
Commission Reports
- Commission President’s Report
- Commissioners’ Reports
- Commission announcements and scheduling of items identified for consideration at future Commission Meetings.
Commissioner Brookter spoke of conversation with Steve Flaherty regarding audit of DGO 8.10.
Commissioner Cohen spoke of priorities list for the Commission: 96A at top of priority list; early warning system, fixing and tweaking the EIS; examining how data is collected and analyze including SFPD, contracted partners, DPA, and other stake holders like DA’s Office, Public Defender’s Office, Wealth & Disparities in Black Communities to streamline how to report it and how to collect data and analyzed. She also want to talk about how policy is passed and how it’s created and would like to work with Phil Lohaus, specifically want to look at DGO 3.01; further focus on SB 1421 and work closely with working groups and will work with Sgt. Kilshaw to work on policies that can be implemented quickly to support SB 1421; bias working group; six priorities for discussion and for consideration with the commission and the public.
Commissioner Elias spoke of revising DGO 3.01 and waiting for input from Commissioner Cohen.
Commissioner Hamasaki would like to schedule the CART working group for a brief presentation.
PUBLIC COMMENT
Cheryl Thornton spoke of violence in the Bayview and how the community does not come forth and spoke of Black people being pushed out of San Francisco and stated that we need police that identifies with the community.
Ms. Paulette Brown spoke of people of color that are being accused of being gang members and stereotyping people of color of being in gangs and spoke of nothing is being done and no venue for posters to put up about homicides and cold cases.
Yulanda Williams, OFJ President, elated to hear that the commissioners are focusing on violence in District 10 and spoke of talking to the young people in the district to engage and encourage them.
(The Commission took a brief break at 8:05 p.m. and reconvened at 8:17 p.m.)
PRESENTATION OF DPA’S BUDGET FOR FISCAL YEAR 2022/2023
Chief of Staff Sarah Hawkins presented the DPA’s budget for fiscal year 2022/2023.
PUBLIC COMMENT
Zack Dillon, Public Defender’s Office, spoke of adding two more attorneys to help with disclosure of records.
Kitt Hodge spoke of concerns about DPA doing another bias audit of SFPD and stated what is needed is action and accountability.
PRESENTATION BY SFPD/DHR REGARDING BIAS AT THE HIRING STAGE
Acting Director Carol Isen, Department of Human Resources, presented the report titled “Confronting Bias in Police Section and Hiring.” Additional presenters are Dave Johnson, Mawuli Tugbenyoh, and Anna Biasbas. Commander Steve Ford presented for the Police Department.
PUBLIC COMMENT
Cheryl Thornton spoke of not seeing a lot of diversity of officers in the department and would like to see officers who are actually from San Francisco and are part of the community
PRESENTATION OF THE MONTHLY COLLABORATIVE REFORM INITIATIVES “CRI” UPDATES
Executive Director Catherine McGuire presented the CRI updates.
PUBLIC COMMENT
None
DISCUSSION & POSSIBLE ACTION TO ADOPT A RESOLUTION URGING THE PROMPT DEVLOPMENT & IMPLEMENTATION OF A DISTRIBUTION PLAN FOR COVID-19 VACCINES TO SFPD MEMBERS
Commissioner Hamasaki presented the proposed resolution urging the prompt development and implementation of a distribution plan for COVID 19 vaccines to SFPD members.
Chief Scott thanked the Commission for this resolution and their support.
PUBLIC COMMENT
Yulanda Williams, OFJ President, stated that this is alarming and upsetting that the City has allowed police officers to be classified at a lower tier than any other essential workers. She spoke of how officers are suffering and experiencing loss of family members. She went on to thank the Commission and the Chief for their support.
Cheryl Thornton agreed with Captain Williams and spoke of how officers are out everyday and not to have the officers not prioritized is unthinkable and this should not happen again because if officers get sick, who will protect the city.
Arlene Drummond spoke of so many people that are not wearing masks and to think of officers not vaccinated is unthinkable.
Starchild spoke of the Moderna vaccine and how it was held up by government regulations and urged the Commission to include in the resolution to the review of regulations.
Motion by Commissioner Elias, second by Commissioner Brookter. Approved 5-0.
RESOLUTION 21-14
RESOLUTION URGING THE PROMPT DEVELOPMENT AND IMPLEMENTATION OF A DISTRIBUTION PLAN FOR COVID-19 VACCINES TO SFPD MEMBERS
WHEREAS the novel coronavirus known as COVID-19 has infected nearly 25 million Americans, caused the death of over 400,000, and disrupted society in numerous ways,
WHEREAS COVID-19 has disproportionately affected certain populations, including essential workers, many of whom must risk exposure to the virus to maintain their livelihoods and provide communities with critical functionality,
WHEREAS in the course of their duties, law enforcement officers encounter many situations where they cannot avoid exposure to individuals who are COVID-19 positive,
WHEREAS 148 SFPD officers have tested positive for the virus, two have been hospitalized, and 192 have filed COVID-19 Workers’ Compensation claims, representing a human and financial cost that vaccination would mitigate,
WHEREAS the City and County of San Francisco has begun providing vaccinations for COVID-19 to at-risk groups in accordance with “Phase 1a” as defined by state guidelines,
WHEREAS the State of California has excluded police officers from the definition of “first responders,” which may have given them earlier access to the vaccine,
WHEREAS the State of California has rather defined police officers as “emergency services” workers who, if they are at risk of exposure to the virus at work, may receive the vaccine in accordance with the next phase of the rollout, known as “Phase 1b,”
WHEREAS the State of California recently reorganized its vaccine distribution guidance to prioritize age over occupation, creating further questions about when law enforcement officers will be eligible to receive the vaccine,
WHEREAS the San Francisco Department of Public Health has yet to provide a specific plan or timetable for the distribution of vaccines to sworn members of the San Francisco Police Department,
WHEREAS more than half of SFPD patrol officers report having had exposure to COVID-19-positive members of the public over the past year while performing their duties, which has put them at risk of contracting the virus and further spreading it within the communities they serve and to their families,
WHEREAS COVID-19 was the leading cause of death for American law enforcement officers in 2020, now, therefore be it
RESOLVED, the San Francisco Police Commission urges the San Francisco Department of Public Health to immediately devise and communicate a detailed vaccination plan for sworn members of the San Francisco Police Department,
FURTHER RESOLVED, that limitations in vaccine availability should not preclude the development or communication of a distribution plan,
FURTHER RESOLVED, that the plan should take into account officer exposure rates, including an analysis of police districts disproportionately affected by COVID-19,
FURTHER RESOLVED, that the plan should also provide details regarding the eventual vaccination of all members of SFPD,
FURTHER RESOLVED, that DPH should work with, but not rely exclusively upon, private distributors, as not all SFPD members reside in San Francisco,
FURTHER RESOLVED, that the City should prioritize the vaccination of emergency service workers regardless of whether the State moves from an occupation-based distribution system to one based solely on age,
FURTHER RESOLVED, that DPH should provide specific target dates by which all at-risk sworn members of the San Francisco Police Department will have had access to the vaccine, and by which all remaining member of the San Francisco Police Department will have had access to the vaccine.
AYES: Commissioners Cohen, Elias, DeJesus, Brookter, Hamasaki
DISCUSSION AND POSSIBLE ACTION TO ADOPT REVISED DEPARTMENT GENERAL ORDER 1.08, “COMMUNITY POLICING.” MEET & CONFER DRAFT WAS APPROVED BY THE COMMISISON ON OCTOBER 7, 2020
Commissioner Elias thanked former Commissioner Thomas Mazzucco for his work with this general order.
PUBLIC COMMENT
Starchild spoke of not seeing the proposed order and that no summary of changes has been given but think that it is a good thing for officers to get out of their vehicles and walk around on foot beats. He stated that the real issue is not whether the officers are in their vehicles or not but what priorities they are pursuing.
Motion by Commissioner Elias, second by Commissioner Brookter. Approved 5-0.
RESOLUTION 21-15
ADOPTION OF DEPARTMENT GENERAL ORDER 1.08, “COMMUNITY POLICING”
RESOLVED, that the Police Commission hereby adopts revised Department General Order 1.08, “Community Policing.”
AYES: Commissioners Cohen, Elias, DeJesus, Brookter, Hamasaki
DISCUSSION AND POSSIBLE ACTION TO ADOPT PROTOCOLS FOR RELEASE OF SB 1421 DOCUMENTS. MEET & CONFER DRAFT WAS APPROVED BY THE COMMISISON ON DECEMBER 4, 2019
Commissioner Elias thanked Commissioner Thomas Mazzucco for his work on the protocols.
PUBLIC COMMENT
None
Motion by Commissioner Elias, second by Commissioner Brookter. Approved 5-0.
RESOLUTION 21-16
ADOPTION OF PROTOCOLS FOR RELEASE OF S.B. 1421 DOCUMENTS
RESOLVED, that the Police Commission hereby adopts the Protocols for Release of S.B. 1421 Documents.
AYES: Commissioners Cohen, Elias, DeJesus, Brookter, Hamasaki
DISCUSSION AND POSSIBLE ACTION TO ADOPTE REVISED DISCIPLINARY PENALTY & REFERRAL GUIDELINES FOR SWORN MEMBERS OF THE SAN FRANCISCO POLICE DEPARTMENT. MEET & CONFER DRAFT WAS APPROVED BY THE COMMISSION ON SEPTEMBER 11, 2019
Commissioner Elias thanked former Commissioner Bob Hirsh for his work on the disciplinary penalty guidelines.
PUBLIC COMMENT
Starchild spoke of no information provided on this item and would like to hear a summary of the changes that are being proposed.
Motion by Commissioner Elias, second by Commissioner Brookter. Approved 5-0.
RESOLUTION 21-17
ADOPTION OF REVISED DISCIPLINARY PENALTY & REFERRAL GUIDELINES FOR SWORN MEMBERS OF THE SAN FRANCISCO POLICE DEPARTMENT
RESOLVED, that the Police Commission hereby adopts the revised Penalty and Referral Guidelines for Sworn Members of the San Francisco Police Department.
AYES: Commissioners Cohen, Elias, DeJesus, Brookter, Hamasaki
DISCUSSION AND POSSIBLE ACTION TO ADOPT REVISED DEPARTMENT GENERAL ORDER 5.01, “USE OF FORCE POLICY AND PROPER CONTROL OF A PERSON”
Commissioner Elias thanked Ms. Lawanna Preston for her work with the meet-and-confer process of this general Order.
Chief Scott thanked the Commission and Ms. Preston for moving forward with this DGO.
PUBLIC COMMENT
Unidentified spoke of why no statements were made in regard to the Community Policing general order.
Starchild spoke of going through the items without any discussions and that proposals should be summarized for the public and asked that his comments be included verbatim.
Unidentified agreed with previous callers and spoke of no descriptions for the general orders.
Motion by Commissioner Elias, second by Commissioner Brookter. Approved 5-0.
RESOLUTION 21-18
ADOPTION OF REVISED DEPARTMENT GENERAL ORDER 5.01, “USE OF FORCE”
RESOLVED, that the Police Commission hereby adopts revised Department General Order 5.01, “Use of Force.”
AYES: Commissioners Cohen, Elias, DeJesus, Brookter, Hamasaki
PUBLIC COMMENT ON ALL MATTERS PERTAINING TO CLOSED SESSION
Starchild spoke of how the public is not allowed in closed session and are not allowed in the meet-and-confer sessions and that there is no links to the agenda for supporting documents.
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 (10:17 p.m. – 11:16 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:
Hearing to sustain or not sustain disciplinary charges filed in Case No. DPA 42720 (0045-19), discussion and action to decide penalty, if necessary, or take other action, if necessary
(Present: Commissioners Cohen, Elias, DeJesus, Brookter, Chief Scott, Assistant Chief Moser, Chief of Staff Hawkins, Deputy City Attorney Zarefsky, Sergeant Youngblood, Sergeant Reynolds, Risa Tom, Attorney Wargo-Wilson, Attorney C. Shea, member involved) Commissioner Hamasaki is recused.
(These proceedings are 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: Status and calendaring of pending disciplinary cases.
(Present: Commissioners Cohen, Elias, DeJesus, Brookter, Chief Scott, Assistant Chief Moser, Sergeant Youngblood, Sergeant Reynolds, Risa Tom)
OPEN SESSION (11;16 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
Unidentified spoke that there should be public comment before the motion passes.
Motion to rescind previous motion by Commissioner Cohen, second by Commissioner DeJesus. Approved 4-0.
Motion by Commissioner Cohen, second by Commissioner DeJesus for non-disclosure. Approved 4-0.
ADJOURNMENT
Motion by Commissioner DeJesus, second by Brookter to adjourn. Approved 4-0.
Thereafter, the meeting was adjourned at 11:21 p.m.
