Police Commission - March 17, 2021 - Minutes

Meeting Date: 
March 17, 2021 - 5:30pm
Location: 

 

                The Police Commission of the City and County of San Francisco met via videoconference at 5:39 p.m.

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

                Commissioner Cohen acknowledged the eight victims in Atlanta and publicly affirmed that the members of the Police Commission stand firmly with all members of the community but this particular evening, the Police Commission stand with Asian, API community members that are feeling victimized and are feeling alone.

GENERAL PUBLIC COMMENT

                David Aaronson, Wealth & Disparities, spoke on the California Partnership presentation and spoke of contradictions in the presentation’s talking points and spoke systemic issues within and around the Black San Franciscans community in San Francisco and how it is not improving.  He spoke placing people in gang lists based on where they live.

                Kit Hodge, Wealth & Disparities, spoke of areas in need of reform including racially biased policing and lack of community policing. She spoke of SFPD’s mobile outpost in the Bayview as if SFPD is an outside military force occupying the community.

                Susan Buxton, Wealth & Disparities, spoke of request by supervisors regarding per capita racial disparities and stated that the results are alarming.  She stated that SFPD’s own data showed since 2018 Black residence are over six times more likely to be stopped than White residence; since 2016, Black residence are 10 times more likely to be arrested than White residence and stated that these are appalling statistics on SFPD’s ongoing racial disparities in its policing and that Black San Franciscans are underserved and over policed.

                Brian Cox spoke of Officer Nicholas Buckley’s testimony in 2016 federal gun case and spoke perjury and that SFPD has no records of dishonesty against Officer Buckley and that if there is a gap in the system, it should be fixed.

                Paul asked the Commissioners to allow music in the city and that he is frustrated by the reality that we dispatch armed and militarized thugs to disperse communities of color and asked for reduction of police response and defund the police.

                Ms. Paulette Brown spoke of her son Aubrey Abrakasa who was murdered and up to this date his case is still outstanding.  She went on to name the perpetrators who shot her son.  She went on to talk about her son being called a gang member and talked about stereotyping of people of color as gang members.

                Yulanda Williams, OFJ President, spoke of what District 10 needs now and talked about the need for foot beats on the 3rd Street corridor to get to know the young people in order to make a change and that everyone should work hand-in-hand together and to stop placing blame on one another.

                Cheryl Thornton echoed what Yulanda Williams said and that there should be officers that know the community and stated officers serving at District 10 are not connected to the community.                               

CONSENT CALENDAR

  • SFPD/DPA Protocol Report 4th Quarter 2020

  • SFPD Monthly SB 1421 Report

  • DPA Monthly SB 1421 Report

  • CRI Monthly Update

    Sergeant Youngblood read the following statement: “The items on Consent Calendar are considered routine and for information purposes only.  If any Commissioners would like to discuss any of the items under the Consent Calendar, please advise President Cohen that you would like to place the item on a future agenda for presentation and discussion.  Tonight, there will be no discussion or presentation on these items.”

    PUBLIC COMMENT

                    Unidentified asked why the CRI report is on the consent calendar.

                    Brian Cox spoke of the SB 1421 report and concerns about the slow pace of compliance of records production.               

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

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

    REPORTS TO THE COMMISSION

    Chief’s Request

    -              Weekly crime trends

    -              Major/Significant Incidents                

                    Chief Scott reported on crime trends:  Part 1 Violent Crimes:  Homicide, up 17 percent; rape, down 56 percent; robbery, down 30 percent; assault, down 15 percent.   Part 1 Property Crimes:  Burglary, up 54 percent; motor vehicle theft, up 16 percent; arson, up 47 percent; larceny theft, down 48 percent.  The Chief spoke of strong-armed robberies in high traffic corridors.  The Chief spoke of clearing 100 percent of the homicides.  He spoke of gun violence being up significantly with 55 gun violence victims.  Significant events:  On March 9th, officers responded to the 600 block of Eddy regarding an unresponsive 14-year-old.  The 14-year-old was pronounced deceased at the scene by paramedics due to an overdose of an unknown type of narcotic.  The medical examiner deemed this to be a suspicious death.  Homicide investigation is ongoing.  The Chief reported that there were no fatal accidents or traffic collisions this past week.  There was a hate crime incident at Plymouth Avenue and Ocean on March 13th at 3:54 p.m.  The victim was sitting in a bus stop and was called racial epithets by the suspect who also stated, “Get out of my country.  Go back to where you came from.”  The suspect then battered the victim.  An arrest was made and charges are pending.  There was a demonstration on the year anniversary of Briana Taylor.  There was an individual who pointed a laser-type devices at officers and that individual was arrested.  The Chief stated that there were two use of force with no major injuries during the demonstration.  Strategies:  The Chief talked about the Bayview.  One of the strategy that is ongoing in the Bayview is the foot beat strategy.  There are foot beat patrols on Third Street between Palou and Quesada, on Third Street between McKinnon and Oakdale, and on Third Street between McKinnon and Revere.  These foot beats are in place until further notice.  The officers are in place and are given instructions to engage with the community.  The Chief stated that this is not about enforcement. This is about community engagement and letting the community know the officers are out there and are willing to work with the community.  Robbery strategy is to increase visibility in those corridors and increased visibility in Chinatown and AAPI community.  The Chief stated that we stand with them and will do everything to prevent these crimes from happening.  The Chief also talked about community walks in the Bayview and Ingleside and handed out informational and crime prevention flyers.  The Chief thanked Commissioner Yee for participating in the Ingleside walk.  Covid update:  442 officers responded to survey and out of those 336 have received their first vaccine, 23 said there were issues in receiving the vaccine.

    DPA Director’s Report

    -              Report on recent DPA activities, and announcements

    -              Presentation of DPA’s Monthly Statistical Report, January 2021               

                    Director Henderson gave an update on year-to-date stats: 165 cases opened cases and closed 145 cases year to date; 334 pending cases; 11 cases sustained; 37 cases past 270 days; 5 cases mediated; 33 cases pending with the Chief; 13 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.  March 10th worked and finished with trifold youth know your rights cards; March 11th, participated with Mega Black presentation along with Commissioner Brookter; March 15th, DPA hosted a virtual language access panel and participated with Wealth & Disparities community meeting.

                    Commissioner Brookter thanked Director Henderson for providing his stats to the Commissioners.  He went on to thank the Commission staff for ensuring the documentations are provided to the Commission.

                    Commissioner Cohen thanked the Chief for providing the vaccination stats and thanked Director Henderson and his staff for the work that they do.

    Commission Reports

    -              Commission President’s Report

    -              Commissioners’ Reports

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

                     Commissioner Elias requested to agendize the IAD presentation and would like an update from the Chief as to when that will be ready and requested that DPA also present as to process when DPA files a case with the Commission.  The Chief stated that it will be on the April 7th agenda.

                    Commissioner Hamasaki thanked Commissioner Cohen for her opening remarks and support for the Asian American Community as well as Chief Scott for his comments.  He spoke of increased in violence against the community and thanked Commissioner Yee for being out front and present for the community.  He stated that he will coordinate with Commissioners Cohen and Yee to find ways for the Commission to be more visible in this issue.

                    Commissioner Yee thanked Commissioner Cohen for inviting him to the Friday’s event with the Wealth and Disparities meeting and thanked the Chief and staff for sending him the invites for the zoom calls for stations’ community meetings.  He announced that there will be a Public Safety meeting in Chinatown tomorrow along with Commander Fong and Captain Ng and invited Commissioner Hamasaki and everyone else who want to join to talk about strategies and to hear from the community.  It will be tomorrow at 11 a.m. at 843 Stockton Street.

                    Commissioner Cohen talked about attending the rally to denounce crime and is hopeful that Wealth and Disparities will be able to provide support and alliedship for the Asian American community and that we should all be working collectively to denounce hatred, crime, and violence and spoke of 3,800 crimes against the Asian American community this year alone and publicly denounced the hate against Asians, hate against African-American community, hate against the Trans and LGBT community.

    PUBLIC COMMENT

                    None

    PRESENTATION OF THE DEPARTMENT OF POLICE ACCOUNTABILITY’S LOCAL PROGRESS REFORM/TRANSFORM RESULTS & CIVILIAN OVERSIGHT UPDATES

                    Steve Flaherty, DPA’s Director of Audits, along with Director Henderson, presented the DPA’s Local Progress Reform/Transform Results & Civilian Oversight updates.

    PUBLIC COMMENT

                    None

    DISCUSSION AND POSSIBLE ACTION TO ADOPT REVISED DEPARTMENT GENERAL ORDER 11.11, “INTERVENTION AND RESOURCE PROGRAM.”  MEET-AND-CONFER DRAFT WAS APPROVED BY THE COMMISSION ON JANUARY 26, 2021

                    Motion by Commissioner Hamasaki, second by Commissioner Yee.  Approved 6-0

    PUBLIC COMMENT

                    None

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

    PUBLIC COMMENT ON  ALL MATTERS PERTAINING TO CLOSED SESSION

                    Francisco Dacosta spoke of paying close attention to comments after each items and stated that not all issues discussed are important to him and can be taken off-line as virtual meetings are boring and that Commissioners should limit their comments to one minute.

    VOTE ON WHETHER TO HOLD CLOSED SESSION

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

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

    CLOSED SESSION (7:24 p.m. -  8:51 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 filed in the Appeal of the Chief’s Suspension in case no. DPA 13111, 0304-16, or take other action, if necessary

    (Present:  Commissioners Cohen, Elias, DeJesus, Hamasaki, Brookter, Yee, Chief Scott, Assistant Chief Moser, Director Henderson, Deputy City Attorney Zarefsky, Sergeant Youngblood, Sergeant Reynolds, Risa Tom, DPA Chief of Staff Hawkins Attorney Oldfather, DPA Investigator Carpenter, DPA Investigator Torgeson, Attorney Wargo-Wilson, Attorney Burrell, member involved)

    (Taken in shorthand form by Ms. Paula Behmke, CSR., Behmke Reporting & 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 Commissioner for the taking of evidence in disciplinary charges filed in case no. IAD 2020-0056

    (Present:  Commissioners Cohen, Elias, DeJesus, Hamasaki, Brookter, Chief Scott, Assistant Chief Moser, Director Henderson, Deputy City Attorney Zarefsky, Sergeant Youngblood, Sergeant Reynolds, Risa Tom, Attorney Wargo-Wilson, DPA  Investigator Torgeson, DPA Investigator Carpenter)

    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

    OPEN SESSION

    (Present:  Commissioners Cohen, Elias, DeJesus, Hamasaki, Brookter, Chief Scott, Assistant Chief Moser, Director Henderson, Deputy City Attorney Zarefsky, Sergeant Youngblood, Sergeant Reynolds, Risa Tom, Attorney Wargo-Wilson, DPA  Investigator Torgeson, DPA Investigator Carpenter)

    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 sustain or not sustain disciplinary charges filed in case no. DPA 42807, decide penalty, if necessary, or take other action, if necessary

    (Present:  Commissioners Cohen, Elias, DeJesus, Hamasaki, Brookter, Chief Scott, Assistant Chief Moser, Director Henderson, Deputy City Attorney Zarefsky, Sergeant Youngblood, Sergeant Reynolds, Risa Tom, Attorney Wargo-Wilson, DPA  Investigator Torgeson, DPA Investigator Carpenter, Attorney Fox, member involved)  Commissioner Yee recused.

    (Taken in shorthand form by Ms. Paula Behmke, CSR., Behmke Reporting & Video Services)

    Open Session

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

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

                    Motion rescinded.

    PUBLIC COMMENT

                    None

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

    ADJOURNMENT

    Thereafter, the meeting was adjourned at 8:53 p.m.