Police Commission - April 7, 2021 - Minutes

Meeting Date: 
April 7, 2021 - 5:30pm
Location: 

The Police Commission of the City and County of San Francisco met via videoconference at 5:43 p.m.

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

ABSENT:               Commissioner Cohen

GENERAL PUBLIC COMMENT

                David Aaronson, Wealth & Disparities in Black Communities, spoke in regard to concerns on DPA’s report on discipline and asked how many sustained allegations resulted in disciplinary actions; how much disciplinary actions were taken by Chief Scott; how many officers were disciplined and what was the discipline; how are allegations defined; where does allegations come from; who categorizes complaints as they come.

                Kitt Hodge, Wealth & Disparities, stated that there should be more firm oversight on police being interviewed after OISs and that officers should be interviewed and give a report immediately after their shift after an incident occurred and went on to ask questions about presentation.                               

ADOPTION OF MINUTES

  • For the meetings of March 3, 10, and 17, 2021

    PUBLIC COMMENT

                    None

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

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

    CONSENT CALENDAR

  • Enforcement of Immigration Laws Annual Report, January 1, 2020 – December 31, 2020

    PUBLIC COMMENT

                    None                   

    REPORTS TO THE COMMISSION

    Chief’s Request

    -              Weekly crime trends

    -              Major/Significant Incidents                

                    Chief Scott reported on crime trends:  Part 1 Violent Crimes, down 20 percent; homicides are up 200 percent; robbery down 35 percent; assault up 2 percent; human trafficking down 100 percent.  Part 1 Property Crimes down 23 percent; burglary down 23 percent; car burglary up 1 percent; arson down 55 percent; larceny theft down 38 percent.  The Chief talked of two homicides:  one on April 1st, at the 900 block of Inez in the Bayview where officers found a victim with multiple gunshot wounds.  A gun was recovered at the scene.  On March 29th, at 24th and Mission,  officers responded to shots fired and located a victim with a gunshot wound to his shoulder but victim  died at the scene, another victim was located and reported that he was shot at the same incident.  There were additional shooting incidents:  one at 2500 block of Folsom on April 5th and another on April 4th, at 20th and Folsom.  Incidents are unrelated.  Both victims are expected to survive.  Strategies:  Bayview strategies are ongoing.  Foot patrols are directed to engage with the community.  The Chief talked about hot prowl burglaries.  He stated that this is more of a national trend.  He stated that there are foot beats along Clement Street in the Richmond District.  The Chief reported on one fatal traffic collision that happened on 3rd and Folsom Street on April 3rd.  Major events:  No major events this week.               

    DPA Director’s Report

    -              Report on recent DPA activities, and announcements               

                    Director Henderson gave an update on year-to-date stats: 204 cases opened cases and closed 187 cases year to date; 307 pending cases; 16 cases sustained; 38 cases past 270 days; 8 cases mediated; 27 cases pending with the Chief; 12 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 23rd, DPA participated in the Racial Equity team meeting; March 24th, DPA celebrated Women History Month; March 25th, DPA participated in the Mega Black Group discussion regarding recent rise in anti-Asian violence; March 26th, met with Sales Force in a public meeting discussion regarding virtual community engagement; March 26th, held a Stakeholders Engagement meeting with young community developers; March 31st, met with the Mayor’s office to go over the racial equity plan; March 31st, met with the office of Transgender Initiative to discuss outreach strategies; April 1st, hosted a virtual public meeting on mediation; April 2nd, hosted a meeting with San Francisco Young Defenders.

    Commission Reports

    -              Commission President’s Report

    -              Commissioners’ Reports

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

                    Commissioner Yee spoke of a community public awareness meeting with Commander Fong, Captain Julian Ng, Carol Worthy, and Commissioner Hamasaki in attendance.  Commissioner Yee also thanked Chief Scott for joining them in rallies and for speaking at the Union Square rally in regard to the fight against Asian hate.

                    Commissioner DeJesus asked for a follow up report regarding issues raised by Dante King.

                    Commissioner Elias would like to agendize actual analysis in terms of the breakdown of cases and actual findings from Internal Affairs.  She would like a little more information in regard to the substantive part of what IA does.

    PUBLIC COMMENT

                    Karen Fleshman spoke of a friend’s daughter who is a student at USF and that as she was returning to USF, her Lyft car was rear-ended and how the police was called but no one showed up.  She stated that SFPD showed up an hour later and that that is unacceptable.

                    Unidentified calling from the intersection of Keith and Thomas Avenue and would like more officers in the area.     

    RISK MANAGMEENT OVERVIEW PRESENTATION

                    Commander Rob O’Sullivan, Risk Management, presented the Risk Management Office overview.  The presentation is an overview on how the Department investigates allegations of member misconduct.  It will include the structure of the Risk Management Office with particular focus on the Internal Affairs Division and Investigative Services Detail. 

    PUBLIC COMMENT

                    Kitt Hodge stated that SFPD remains among the top worse in the country for anti-black racist arrests in use of force and traffic stops and stated concerns.

                    Susan Buckman expressed concerns regarding audit of electronic communication devices and asked about officers’ personal devices and social media and recommended reliable third party investigations.               

    (The Commission took a brief recess and reconvened at approximately 7:58 p.m.)

    OVERVIEW OF THE DEPARTMENT OF ACCOUNTABILITY’S INVESTIGATION PROCESS

                    Sarah Hawkins, DPA’s Chief of Staff, presented the DPA’s Investigation Process presentation.  Mission of DPA: Fairly and impartially investigate complaints against SFPD officers; make policy recommendations regarding police practices; and, conduct periodic audits or reviews of the SFPD.

    PUBLIC COMMENT

                    David Aaronson asked if there is a timeframe for the 2020 Annual Report and asked about timing of interviews of officers.

    DISCUSSION AND POSSIBLE ACTION TO ADOPT AMENDED SB 1421 PROTOCOLS

                    Commissioner Elias explained the minor change in the protocols with respect to the continuing investigation by the Chief in the event of a resignation.

                    Motion by Commissioner Hamasaki, second by Commissioner Brookter to adopt amended SB 1421 Protocols.  Approved 5-0.

    PUBLIC COMMENT

                    None               

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

    PUBLIC COMMENT ON  ALL MATTERS PERTAINING TO CLOSED SESSION

                    None

    VOTE ON WHETHER TO HOLD CLOSED SESSION

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

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

    CLOSED SESSION (8:45 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 sustain or not sustain charges filed in Case No. IAD 2018-0099, decide penalty, if needed, or take other action, if necessary

    (Present:  Commissioners Elias, DeJesus, Hamasaki, Brookter, Yee, Chief Scott, Assistant Chief Moser, Deputy City Attorney Zarefsky, Sergeant Youngblood, Sergeant Reynolds, Attorney Betz, 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:

    Discussion and possible action to take off calendar disciplinary charges file din case nos. IAD 2019-0139 & DPA 43115, 0261-19 due to member’s retirement effective close of business March 31, 2021

    (Present:  Commissioners Elias, DeJesus, Hamasaki, Brookter, Yee, Chief Scott, Assistant Chief Moser, Deputy City Attorney Zarefsky, Sergeant Youngblood, Sergeant Reynolds)

    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 Elias, DeJesus, Hamasaki, Brookter,  Chief Scott, Deputy Chief Yee, Deputy City Attorney Zarefsky, Sergeant Youngblood, Sergeant Reynolds, Risa Tom)

    Open Session (10:15 p.m.)

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

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

    PUBLIC COMMENT

                    None

                    AYES:  Commissioner DeJesus, Brookter, Elias, Hamasaki, Yee

    ADJOURNMENT

    Thereafter, the meeting was adjourned at 10:20 p.m.