JUNE 9, 2021                                                                      REMOTE MEETING VIA VIDEOCONFERENCE

                The Police Commission of the City and County of San Francisco met via videoconference at 5:35 p.m.

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

ABSENT:               Commissioner Hamasaki

(Commissioner Cohen joined the meeting at 9:39 p.m.)

GENERAL PUBLIC COMMENT               

                None    

REPORTS TO THE COMMISSION

Chief’s Request

-              Weekly crime trends

-              Major/Significant Incidents                

                Chief reported on crime trends:  Part 1 Violent Crimes:  Homicide down 5 percent; rape down 29 percent; robbery down 15 percent; assault up 1 percent.  Part 1 Property Crimes:   Burglary up 9 percent, auto burglary up 9 percent; arson up 11 percent; larceny theft down 16 percent.  Gun violence:  Up 123 percent as compared to 2020.  There were three shooting incident causing injuries to three individuals this week.  The first on June 6^th was on the 900 block of Fitzgerald.  The victim is a 17-year-old female, heard a shot and felt pain on her neck and realized she has been shot.  She was transported to the hospital with non-life-threatening injury.  Second, also on June 6^th, at Alemany and St. Charles, victim was driving in the area when shots were fired that went through her car door.  Victim sustained injuries to her leg which is non-life-threatening.  Third, on June 2^nd, at Jamestown and Harney, victim was found on the side of the road with a gunshot wound to his thigh.  Victim was transported and witnesses provided information on the potential suspect’s vehicle.  Homicides:  No homicides this week; total of 18 homicides year-to-date.  

                Strategies:  Foot beat deployment for both the violence and auto burglary abatement.  In the Central, Captain Ng leading an auto burglary abatement and education operation which consists of uniformed officers conducting high visibility patrol in car burglary hot spots which include the Fisherman’s Wharf area.  It also includes rapid response and educational outreach along the Embarcadero and Wharf area.  Northern, burglary mitigation details are deployed and enforcement in the area along with foot beats in the Hayes Valley, Japantown, Fillmore, Upper and Lower Polk, Chestnut, and the Palace of Fine Arts;  Bayview, robbery abatement which consists of foot beat along San Bruno Avenue, traffic enforcement throughout the District.  Foot beats are deployed at 3^rd and Lasalle and McKinnon Avenue, 3^rd to Williams, San Bruno Avenue from Silver to Dwight, and 20^th Street from Indiana to 3^rd.   Ingleside, uniformed patrol and foot beats conducting passing calls providing visibility due to retail thefts.  Foot beats are deployed along Leland Avenue, Courtland Avenue to the 3300 block of Mission, Geneva and Mission and marked vehicles in the area.  Tenderloin, increased visibility as part of the mid-Market Tenderloin Vibrancy Plan also referred to as the Tenderloin Triangle Project.  Officers work with other entities, both community-based and other departments, to do problem solving on a daily basis.  All the entities participate in the lineup every day.

                Gun seizures:  460 total gun seizures YTD, 91 ghost gun seizures YTD.  Hate crimes:  28 hate crimes YTD: 12 against Asian, 3 against Hispanic, 4 against Jewish, 5 against Black, 1 against Trans, 1 against White, 1 against Others, 1 against LGBTQ.   Significant incidents:  Attempted murder at 2400 block of Chestnut where the victim observed a shoplifting suspect at Walgreens on Lombard and Divisadero.  Victim followed the subject to his vehicle, subject 2, surprised the victim by hitting his vehicle with his hand and yelling at the victim.  The victim drove off but was followed by subject 2.  The victim heard two gunshots near Divisadero and Francisco and called 911.  The victim was not shot and not injured with no damage to his vehicle.  Subject 2 and vehicle was located at the 2400 block of Bay Street where a handgun was located.  Major Events:  Park Station attended the Pink Triangle Ceremony.  Giants in town on June 14^th, Pride Movie Night June 11 & 12.  Hardly Strictly Bluegrass is back on the calendar in October, Outside Lands will be on October 29 to 31^st. 

                The Chief talked about narcotics seizure in Oakland where over 30 pounds of narcotics were seized and the amount of Fentanyl recovered is significant.

DPA Director’s Report

-              Report on recent DPA activities, and announcements               

                Director Henderson reported:  11 cases received in the last week with a total of 27 allegations: 27 percent involved officers who spoke or behave inappropriately; 18 percent include officers who displayed threatening or intimidating behavior; 18 percent involved officers who failed to write an incident report; 9 percent involved officers who failed to take required action; 9 percent involved improper search or seizure; 9 percent involved a failure to write an incident report; 6 percent involved BWC violation.

Outreach:  Can be found on  community calendar on the DPA’s website and posted on Tweeter, Facebook, Instagram and on DHR’s website.  June 7th, met with New York Rochester Oversight Agency to share strategies about best practices; summer internship class started this week.

Commission Reports

-              Commission President’s Report

-              Commissioners’ Reports

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

                Commissioner Brookter spent time in Sunnydale for the 23^rd Annual Family Day and commended officers who were present and engaging with young children.

                Commissioner Yee joined the Chief to spread the word regarding tip line and anonymous reporting and thanked the Chief for reaching out to the communities in nine languages.  415-558-5588 is the anonymous tip line.

                Commissioner Elias attended the CARE Community meeting along with members of the community violence reduction team in District 10 and thanked the Chief for the invite.

                Commissioner Byrne met with the Captain Canning in the Tenderloin and attended the daily meeting to discuss what is going on and observed streets on Golden Gate Avenue and stated that there is a  substantial improvement and  hopes that it will spread to other streets where there are still open drug dealing going on.  He hopes that, in time, to see a  reduction in overdose deaths due to Fentanyl.

PUBLIC COMMENT

                 Unidentified stated there were no Compstat report for May on the Department’s website.

                Ms. Paulette Brown spoke of her son’s case and that there is still no closure and thanked the Chief for standing up for people of color and asked for support from the Commissioner for their attendance on August 14^th for the anniversary of her son’s homicide.

PRESENTATION OF THE ANNUAL CRISIS INTERVENTION TEAM (“CIT”) END OF YEAR REPORT 2020

                Commander Walsh gave a brief background about the CIT program and thanked Deputy Chief Ann Mannix who took this program under her wing and pushed it forward to where it is now, and thanked Sgt. Kelly Kruger for her work with CIT and was a great influence to get DPH to help with people who needs help.  He went on to  introduced Lieutenant Mario Molina who presented the end of year report.               

PUBLIC COMMENT

                Francisco Dacosta asked where the police presentation was and spoke of DPH to strengthen their behavioral department and stated that mental health challenges on the streets impact quality of life in San Francisco.

PRESENTATION BY JOHN ALDEN, EXECUTIVE DIRECTOR, OAKLAND’S COMMUNITY POLICE REVIEW AGENCY

                Executive Director John Alden talked about the Oakland Police Commission policy authority and process, probation and parole policy, and the armed and unresponsive persons policy.  

PUBLIC COMMENT

                None

DPA PRESENTATION:  COMMUNITY PERSPECTIVES ON POLICING DISPARITIES

                Director Henderson gave a brief introduction about the report on Community Perspectives on Policing Disparities and introduced Jermain Jones to present the report.

Additional presenters:

 Brian Cox, SF Public Defender

 John Crew, Police Practices Expert

Dante King

Adante Pointer, Wealth & Disparities in the Black Community               

PUBLIC COMMENT

                Gloria Barry appreciated the presentation and spoke about Commissioner Byrne naivete and encouraged the Commissioner to reach out to her and spoke of not feeling safe.

                Susan Buckman, Wealth & Disparities, appreciated the presentation and concerns about how the presenters were rushed and that time listening to the presenters should have been permitted.  David Aaronson, Wealth & Disparities, thanked all the presenters for their recommendations and stated that the recommendations should be followed up by the Commission and to review these recommendations quarterly.               

PUBLIC COMMENT ON  ALL MATTERS PERTAINING TO CLOSED SESSION

                John Crew stated that item 8(b), Domestic Violence DGO, should not be discussed in closed session.

VOTE ON WHETHER TO HOLD CLOSED SESSION

                Motion by Commissioner Brookter, second by Commissioner Byrne, to go into Closed Session.  Approved 4-0.

AYES:     Commissioners  Brookter, Byrne, Yee, Elias

(The Commission took a brief recess at 9:11 p.m. and reconvened at 9:17 p.m.)

CLOSED SESSION (9:17 p.m. – 10:10 p.m.)

CONFERENCE WITH LEGAL COUNSEL – Existing Litigation.  Pursuant to Government Code Section 54956.9(d)(1) and San Francisco Administrative Code Section 67.10(d)(1): 

Juanita Stockwell, et al. v. City and County of San Francisco, et al., San Francisco Superior Court Case No. CGC-15-549482, filed December 17, 2015

(Present:  Commissioners Elias, Brookter, Yee, Byrne, Chief Scott, Assistant Chief Moser,  Deputy City Attorney Rolnick, Deputy City Attorney Yank, Deputy City Attorney Porianda, Sergeant Youngblood, Sergeant Reynolds, Risa Tom)

CONFERENCE WITH LABOR NEGOTIATOR – COLLECTIVE BARGAINING. This item is for the Commission to meet in closed session with their labor negotiator and provide direction for bargaining with the San Francisco Police Officers Association (POA).  The POA is not permitted to attend this closed session meeting.

Pursuant to Government Code Section 54957.6 and San Francisco Administrative Code Section 67.10(e):

City Negotiator:  LaWanna Preston, SFPD Labor Relations Director

Organization representing Police Officers:  SF Police Officers Association

Anticipated Issues Under Negotiation:  Department General Order 6.09, “Domestic Violence” and Department General Order 2.01, “General Rules of Conduct”

(Present:  Commissioners Cohen, Elias, Brookter, Yee, Byrne, Chief Scott, Assistant Chief Moser,  Deputy City Attorney Yank, Deputy City Attorney Porianda, Director Preston, Isabelle Choy, Sergeant Youngblood, Sergeant Reynolds, Risa Tom, 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 accept or reject settlement agreement filed in case no. DPA 42735A, or take other action, if necessary

and

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 case no. DPA 42735B, or take other action, if necessary

and

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 case no. DPA 42735C, or take other action, if necessary

(Present:  Commissioners Cohen, Elias, Brookter, Yee, Byrne, Chief Scott, Assistant Chief Moser, Director Henderson, Chief of Staff Hawkins, Deputy City Attorney Porianda, Sergeant Youngblood, Sergeant Reynolds, Risa Tom, Attorney Wargo-Wilson, Helen Calderon, Attorney Hinckley, members involved)

(These proceedings were taken in shorthand form by Ms. Lucy Carillo-Grubb, 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, Brookter, Hamasaki, Yee, Byrne, Chief Scott, Assistant Chief Moser, Deputy City Attorney Porianda, Sergeant Youngblood, Sergeant Reynolds, Risa Tom)

Open Session (10:10 p.m.)

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

                Motion by Commissioner Bryne, second by Commissioner Elias for non-disclosure.  Approved 5-0.

                AYES:  Commissioner Brookter, Yee, Byrne, Elias, Cohen

PUBLIC COMMENT

                None

ADJOURNMENT               

Motion by Commissioner Elias, second by Commissioner Yee.  Approved 5-0.

Thereafter, the meeting was adjourned at 10:13 p.m.