MAY 5, 2021                                                                                       REMOTE MEETING VIA VIDEOCONFERENCE

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

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

GENERAL PUBLIC COMMENT

                David Aaronson, Wealth & Disparities, spoke regarding the Cal DOJ deadline of April 30, 2021 and spoke of recommendations that are substantially compliant and how many of the recommendations on racial bias in use of force, stops and arrests remain not completed.

                Kitt Hodge, Wealth & Disparities, spoke regarding the Cal DOJ deadline of April 30, 2021 and that as of last Wednesday, April 28^th, the SFPD website marked only 64 percent substantially compliant.

                Zack Dillon, Public Defender’s Office, spoke of 3304 cases pending at DPA and items on the closed agenda and hopes the public will be told what the decision on that item was, what caused the delay and how it can be avoided in the future.

                Ben Saunders, Wealth & Disparities, following up on Cal DOJ recommendations and what the Department is doing to address the ongoing racial disparities the Black community is facing in San Francisco in terms of use of force, stops and arrests.

                Ms. Paulette Brown called concerning her son’s homicide case and uproar should also be made regarding killings on Black on Black and asked the Commission for help to put homicides poster back up permanently and rolling continuously at certain places to help solve homicide cases including her son’s case.     

CONSENT CALENDAR

-              Police Commission Disciplinary Actions Report, 1^st Quarter 2021

                Commissioner Cohen asked the Chief what it means when cases are remanded back to the Chief.  Chief Scott explained that when the employee resigns or retires, by rule, the Commission no longer have jurisdiction, but the Commission can remand or send those cases back to the Chief and have the Chief make a disciplinary determination whether allegations are found to be true or not, improper conduct or sustained.  Once determination is done, a letter goes out to the employee if they want to appeal.  The former employee is given 30 days to appeal and if they do not appeal, the findings are upheld and the same criteria is used under SB 1421 to release records to the public.

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

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

PUBLIC COMMENT

                None.

Chief’s Request

-              Weekly crime trends

-              Major/Significant Incidents                                

Chief Scott reported on crime trends:  Violent Crimes:  Homicides, down 20 percent; rapes are down, robberies are down, assaults are down 3 percent, human trafficking up 22 percent.  Property crimes:  Still up in burglaries, motor vehicle thefts, and arson but continuing to see a decline in percentage in burglaries.   Gun violence, up significantly a total of 157 percent.  Strategies:  The Chief stated that the department is still continuing in the Bayview with presence on 3^rd Street and increased foot patrol in the area and passing calls in areas with any type of violent crimes.  The Department is also working on drug dealing and street robberies in the Bayview.  In terms of burglaries and hot prowl issues, the department are working on deploying officers overnight to try and mitigate burglaries; redeployment of plainclothes officers to do surveillance.  Also, the Department is working with the DA’s office to identify the prolific burglary suspects detained. The Chief reported on ghost guns.  In 2016 the department recovered 80 ghost guns, 2020 up 164, and 2021 year to date is over double from last year.  Significant incidents:  a homicide on Mason and Market Streets.  Critical incident:  aggravated assault on 4^th and Channel Streets, suspect taken into custody; potential hate crime on McAllister and Leavenworth on Muni bus where three juveniles, ages 10 to 12, lit victim’s hair on fire; attempted homicide on 4^th and Stockton Streets where two women were stabbed, suspect was arrested.  There were several side show incidents were the stunt driving response unit were deployed and break events up.

DPA Director’s Report

-              Report on recent DPA activities, and announcements

-              Presentation of the Monthly Statistical Report, March 2021               

                Director Henderson gave an update on year-to-date stats: 254 cases opened cases and closed 328 cases year to date; 299 pending cases; 23 cases sustained; 27 cases past 270 days; 11 cases mediated; 27 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.  May 22^nd, met and coordinated meeting with Young Defenders Program; May 22^nd, meeting with Mega Black; May 26^th, BOS Rules Committee Hearing; May 27^th, joined DHR with Diversity Recruitment work group; May 27^th, participated in Black Law Enforcement Racial Equity team meeting; May 29^th, Mega Black meeting.

                Director Henderson then presented the March Statistical Report, 2021.

Commission Reports

-              Commission President’s Report

-              Commissioners’ Reports

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

                Commissioner Yee announced that May 1^st is Asian American Heritage month and stated that he will be submitting a resolution honoring the Asian Pacific American Islander police officers and personnel for the next meeting.

                Commissioner Cohen announced that she invited the Attorney General Ron Bonta to speak to the Commission to talk about his use of force policy and that he has accepted the invitation and is working to get the meeting scheduled.

PUBLIC COMMENT

                Ms. Paulette Brown talked about her son Aubrey Abrakasa who was murder in August 2006 and named the perpetrators:  Thomas Hannibal, Paris Moffett, Andrew Badu, Jason Thomas, Anthony Hunter, and Marcus Carter.  She asked for help to get her son’s case closed.               

PRESENTATION REGARDING ASSET FORFEITURE

                Commander Raj Vaswani, Investigations Division, presented the Asset Forfeiture presentation.  Also presenting is CFO Patrick Leung and Sergeant Chris Oshida.  Commander Vaswani explained that asset forfeiture’s purpose is to disrupt and deter criminal activities by seizing items that are suspected of being tied to criminal offenses.

                Commissioner Elias asked for an itemized list for 2019, 2020, and 2021 of where the money is going and what it is used for.

PUBLIC COMMENT

                None

PRESENTATION COMMUNITY VIOLENCE REDUCTION TEAM

                Commander Vaswani presented the Community Violence Reduction Team presentation.  Also presenting is Lieutenant Scott Biggs.  Goals are to reduce gun violence in San Francisco, while reducing recidivism, and building trust between the Department and impacted communities. 

PUBLIC COMMENT

                Danielle Harris spoke of losing clients in gun violence and stated that she have not seen a white person be arrested for gun offense in the city.  She stated that she is in support of community-based intervention that offer real support and alternative to young people instead of branding and surveilling them but stated that she has not heard any details that provide clarity about how and if this new program differs from the existing gang task force.

                Ms. Paulette Brown spoke of her complaint regarding her son being accused of being a gang member and stated that he is not here to defend himself and spoke of putting up posters of homicide victims.               

DISCUSSSION AND POSSIBLE ACTION TO APPROVE REVISED DRAFT DEPARTMENT GENERAL ORDER 1.05, “DUTIES OF STATION PERSONNEL FOR MEETING AND CONFERRING WITH THE SFPOA AS REQUIRED BY LAW

                Taken off calendar to be put over at a later date.

PUBLIC COMMENT

                None

DISCUSSSION AND POSSIBLE ACTION TO APPROVE REVISED DRAFT DEPARTMENT GENERAL ORDER 8.02, “HOSTAGE AND BARRICADE SUSPECT” FOR MEETING AND CONFERRING WITH THE SFPOA AS REQUIRED BY LAW

                Director LaWanna Preston presented DGO 8.02, “Hostage and Barricade Suspect” for meeting and conferring with the POA.

                Motion by Commissioner Elias to approve revised draft for meeting and conferring with the SFPOA.  Second by Commissioner Brookter.  Approved 6-0.

APPROVAL OF DRAFT DEPARTMENT GENERAL ORDER 8.02, “HOSTAGE AND BARRICADED SUSPECT,” FOR THE DEPARTMENT TO USE IN MEETING AND CONFERRING WITH SAN FRANCISCO POLICE OFFICERS ASSOCIATION    

            RESOLVED, that the Police Commission hereby approves draft of Department General Order 8.02, “Hostage and Barricaded Suspect” for the Department to use in meeting and conferring with the San Francisco Police Officers Association.

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

PUBLIC COMMENT ON  ALL MATTERS PERTAINING TO CLOSED SESSION

                None

VOTE ON WHETHER TO HOLD CLOSED SESSION

                Motion by Commissioner Cohen, second by Commissioner Elias, to go into Closed Session.  Approved 6-0.

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

CLOSED SESSION (8:05 p.m.)

CONFERENCE WITH LABOR NEGOTIATOR-COLLECTIVE BARGAININ.  This item is for the Commission to meet in closed session and their labor negotiator and provide direction for bargaining with the SFPOA.  The PO A is not permitted to attend this closed session meeting.  Pursuant to Government Code Section 54957.6 and SF Administrative Code Section 67.10(e):

City Negotiator:  LaWanna Preston, SFPD Labor Relations Director

Organization representing Peace Officers:  SFPOA

Anticipated Issues Under Negotiation:  DGO 5.01, “Use of Force Policy and proper Control of a Person”

(Present:  Commissioners Cohen, Elias, Hamasaki, Brookter, Yee, Byrne, Chief Scott, Assistant Chief Moser, Deputy City Attorney Cabrera, Sergeant Youngblood, Sergeant Reynolds, Phillip Lohaus)

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. ALW IAD 2015-0076, decide penalty, if needed, or take other action, if necessary

(Present:  Commissioners Cohen, Elias, Hamasaki, Brookter, Yee, Byrne, Chief Scott, Assistant Chief Moser, Deputy City Attorney Zarefsky, Deputy City Attorney Givner, Sergeant Youngblood, Sergeant Reynolds, Attorney Worsham, Attorney Rains, Attorney Pifari, member 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 Commission for the taking of evidence on an Appeal of the Chief’s Suspension filed in Case no. IAD 2019-0255

(Present:  Commissioners Cohen, Elias, Hamasaki, Brookter, Yee, Byrne, Chief Scott, Assistant Chief Moser, Deputy City Attorney Zarefsky, Deputy City Attorney Givner, 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:

Assignment of a Commission for the taking of evidence on an Appeal of the Chief’s Suspension filed in Case no. IAD 2019-0165

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

OPEN SESSION (10:20 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 6-0.

PUBLIC COMMENT

                None

ADJOURNMENT               

Thereafter, the meeting was adjourned at 10:25 p.m.