Police Commission - May 12, 2021 - Minutes
MAY 12, 2021 REMOTE MEETING VIA VIDEOCONFERENCE
The Police Commission of the City and County of San Francisco met via videoconference at 5:34 p.m.
PRESENT: Commissioners Cohen, Elias, Hamasaki, Brookter, Yee, Byrne
GENERAL PUBLIC COMMENT
Katie Colley asked for help in the unlawful activity of a private security firm, Pacific Heights Security, operating in the neighborhood and concerns about patrolling private neighborhood streets and guards carrying concealed weapons. She stated that one neighbor had shared that a security guard followed her 12-year old son, took photos of him, and verbally harassed him. She asked for the Commission’s help.
David Aaronson, Wealth & Disparities, spoke of the 272 DOJ Cops Reform recommendations and spoke of concerns reported by SFPD and what is substantially compliant.
Kit Hodge, Wealth & Disparities, spoke of the SFPD’s use of force, stops and arrests and concerns about the DOJ Cops reform recommendations.
Susan Buckman, Wealth & Disparities, spoke regarding the CRI’s and concerns that only 64 percent are substantially compliant.
Ashley, League of Women Voters in SF, spoke of frustration in the working group process and urged the Commission to breach the gap between training, practice and policies for the members and strongly recommended amending DGO 5.03 in order to strengthen the language and clarify the practiced effort of eliminating bias as directive.
Francisco Dacosta recommends that DOJ send a civil rights body to San Francisco and not COPS.
Angela Jenkins stated that it is crucial to hold SFPD accountable and spoke of SFPD’s police reform video and release of mug shots.
Chief’s Request
- Weekly crime trends
- Major/Significant Incidents
Deputy Chief Greg Yee, for Chief Scott, reported on crime trends: Homicides down 24 percent; rape down 27 percent; robbery down 19 percent; assault down 2 percent; human trafficking up 22 percent; total violent crimes down 12 percent; burglary up 24 percent; motor vehicle theft up 11 percent; arson up 24 percent; larceny theft down 29 percent; total property crimes down 16 percent. Homicides, total 13 in 2021; Gun violence is up 148 percent. There were 3 shooting incidents causing injuries to four individuals. Deputy Chief Yee went on to talk about major incidents that occurred in the city.
DPA Director’s Report
- Report on recent DPA activities, and announcements
Director Henderson gave an update on year-to-date stats: 279 cases opened cases and closed 339 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. Continued participation in Mega Black meetings; presentation at Stanford’s Lead Program. Director Henderson talked about receiving a Knighton Award, which is a national award given to DPA and the Controller’s Office for audit done by DPA titled The Police Department Need Clear Guidance and more Proactive Government for Better Use of Force Data Collection and Reporting.
Commission Reports
- Commission President’s Report
- Commissioners’ Reports
- Commission announcements and scheduling of items identified for consideration at future Commission Meetings.
Commissioner Cohen reported that she had reached out to John Alden to invite him to speak and present to the Commission as to what is being done in Alameda County when it comes to reform.
She will also be reaching out to the Public Defender to make a presentation to the Commission.
Commissioner Brookter announced that he got a phone call from former Commissioner Joe Marshall to be part of his radio segment on Sunday at 8 p.m. to talk about the good work of the Department. The conversation will include Chief Scott, Oakland Chief Armstrong, Oakland Commissioner Jackson.
PUBLIC COMMENT
Francisco Dacosta talked about the Brown Act and concerns about discussions on topics not on the agenda.
Ms. Paulette Brown spoke in regard to her son Aubrey Abrakasa who was murdered and his case is still no solved. She mentioned the names of the perpetrators: Thomas Hannibal, Terrence Moffett, Anthony Badu, Jason Thomas, Anthony Carter, Mark Anthony Hunter. She stated that it has been 15 years and that the case is still not solved and asked why nothing is being done to solve her son’s case.
PRESENTATION OF THE MONTHLY COLLABORATIVE REFORM INITIATIVES (CRI) UPDATES
Chief Scott presented the monthly CRI updates. There are 175 recommendations in substantial compliance, 36 in external review; 42 in external validation; total submissions are 253 which is 93 percent complete.
PUBLIC COMMENT
Francisco Dacosta spoke regarding COPS meetings and stated that it’s been four years and asked the Commission to get serious because people died.
Unidentified asked about the 175 recommendations that are substantially compliant and stated that there is no public report on that and would like a verification from Cal DOJ of the substantial compliant and when will a report from Cal DOJ be available to the public.
PRESENTATION OF THE SECONDARY EMPLOYMENT ANNUAL REPORT, JANUARY 1, 2020 – DECEMBER 31, 2020
Lieutenant Pat McCormick, Staff Services, presented the Secondary Annual Report, January 1, 2020 – December 31, 2020.
PUBLIC COMMENT
None
DISCUSSION AND POSSIBLE ACTION TO ADOPT REVISED DEPARTMENT GENERAL ORDER 5.03 “INVESTIGATIVE DETENTIONS” MEET-AND-CONFER DRAFT WAS APPROVED BY THE COMMISSION ON DECEMBER 10, 2020
Commissioner Elias thanked everyone who were involved. She thanked DPA, SF Bar Association, Public Defender’s Office and the working group.
Chief Scott thanked Commissioners Elias and Taylor for their work and Cal DOJ and Hillard Heinz for their technical assistance.
Motion by Commissioner Hamasaki, second by Commissioner Elias. Approved 6-0.
PUBLIC COMMENT
Ashley, League of Women Voters of SF, talked about finding no. 28 and recommended that DGO 5.03 be amended in order to strengthen the language and clarify the proactive efforts of eliminating bias as a directive and requested under section 3, Procedures, to include the duty to report bias misconduct that occurs during investigative detention.
RESOLUTION 21-39
ADOPTION OF REVISED DEPARTMENT GENERAL ORDER 5.03, “INVESTIGATIVE DETENTIONS”
RESOLVED, that the Police Commission hereby adopts revised Department General Order 5.03, “Investigative Detentions.”
AYES: Commissioners Cohen, Elias, Brookter, Hamasaki, Yee, Byrne
DISCUSSSION AND POSSIBLE ACTION TO ADOPT DRAFT RESOLUTION HONORING ASIAN AMERICAN & PACIFIC ISLANDER POLICE OFFICERS AND PERSONNEL AND DIRECT THE SFPD TO PROCLAIM THE MONTH OF MAY AS ASIAN AMERICAN PACIFIC ISLANDER HERITAGE MONTH
Commissioner Yee presented the resolution honoring Asian American & Pacific Islander Police Officers and personnel and direct the SFPD to proclaim the month of May as Asian American Pacific Islander Heritage Month.
Motion by Commissioner Hamasaki, second by Commissioner Byrne. Approved 6-0.
PUBLIC COMMENT
Malcolm Young, Executive Director Chinatown Community Development Center, thanked Commissioner Yee for drafting the resolution and urged the Commission to adopt the resolution and commended the officers in Chinatown as a model on how officers should look like and really appreciate their work and that they are truly part of the community.
Wilson Chu, Chinese American Democratic Club, spoke in support of the resolution and believes that the officers they have been interacting with, including the community liaison units, have been extremely supportive API community and encouraged the Commission to adopt the resolution as it is a great way of giving thanks the API officers that are in the force and to also raise the morale for everyone in the force.
RESOLUTION NO. 21-40
APPROVAL TO ADOPT A RESOLUTION HONORING ASIAN AMERICAN AND PACIFIC ISLANDER POLICE OFFICERS AND PERSONNEL AND PROCLAIM THE MONTH OF MAY AS ASIAN AMERICAN PACIFIC ISLANDER HERITAGE MONTH
WHEREAS, the Asian American Pacific Islander (AAPI) Community has contributed to the social, economic, cultural, and political advancement of the United States, California, and San Francisco for more than 170 years;
WHEREAS, in San Francisco, Asian American Pacific Islanders have played an important role in creating the cultural identity of the City, make up 37% of the City’s population, and are over 23% of the Officers in the San Francisco Police Department (SFPD);
WHEREAS, Herb Lee, the first Chinese American police officer in the SFPD joined the Department in 1957, served an exemplary 30-year career, started the PAL Fishing Program that took thousands of underprivileged youths and adults fishing on his boat “Ah Choo," and inspired other Asian American Pacific Islander police officers and personnel into the SFPD such as Chiefs Fred Lau and Heather Fong;
WHEREAS, AAPI police officers and personnel continue to serve with honor and distinction, and strive for excellence in Public Safety in the 21st Century, including training other law enforcement agencies in Crisis Intervention Training and worked to End Asian Hate Crimes;
WHEREAS, AAPI police officers and personnel of the SFPD have continued to be a vital link to immigrants in the AAPI Community, providing language access and cultural competency in policing to build trust, in addition to ensuring public safety in all neighborhoods in San Francisco;
WHEREAS, the AAPI police officers and personnel has continued to build trust in the Community by supporting cultural and special events in San Francisco, such as the Annual Chinese New Year Parade, Northern California Cherry Blossom Festival, the Nihonmachi Street Fair, Asian Heritage Street Celebration, Special Olympics Northern California’s Law Enforcement Torch Run, Autumn Moon Festivals, Kimochi’s Sansei Live Fundraiser For Seniors, Working with SF SAFE and District Attorneys on Blessing Scam Awareness Campaign, Self-Help for the Elderly's Annual Thanksgiving Luncheon, Community Youth Center Fundraiser, Pistahan Parade and Festival, Chinatown Child Development Center Christmas Event for New Immigrants, support AAPI scholarship events for young women and men seeking higher academic promise, and fundraisers for victims of violent crimes; therefore, be it
RESOLVED, that the San Francisco Police Department proclaim the month of May as Asian American Pacific Islander Heritage Month.
AYES: Commissioners Cohen, Elias, Brookter, Hamasaki, Lee, Byrne
PUBLIC COMMENT ON ALL MATTERS PERTAINING TO CLOSED SESSION
None
VOTE ON WHETHER TO HOLD CLOSED SESSION
Motion by Commissioner Elias, second by Commissioner Brookter. Approved 6-0.
CLOSED SESSION (8:30 p.m. – 9:00 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 the Chief’s recommended penalty filed I Case No. IAD 2020-0021, or take other action, if necessary
(Present: Commissioners Cohen, Elias, Hamasaki, Brookter, Yee, Byrne, Chief Scott, Deputy Chief Yee, Sergeant Reynolds, Risa Tom, Attorney Betz, Ret. Captain Chignell, 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:
Reassignment of the following cases:
IAD OIS 19-002
DPA 43625-19
DPA 0145-15A
DPA 0145-15B
Assignment of the following cases:
ALW IAD 2020-0080 A
ALW IAD 2020-0080 B
(Present: Commissioners Cohen, Elias, Hamasaki, Brookter, Yee, Byrne, Chief Scott, Deputy Chief Yee, 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, Yee, Byrne, Chief Scott, Deputy Chief Yee, Sergeant Reynolds, Risa Tom)
OPEN SESSION (9:03 p.m.)
VOTE TO ELECT WHETHER TO DISCLOSE ANY OR ALL DISCUSSIONS HELD IN CLOSED SESSION
Motion by Commissioner Hamasaki, second by Commissioner Elias for non-disclosure. Approved 6-0.
PUBLIC COMMENT
None
ADJOURNMENT
Thereafter, the meeting was adjourned at 9:04 p.m.
