Police Commission - June 16, 2021 - Minutes

Meeting Date: 
June 16, 2021 - 5:30pm
Location: 

JUNE 16, 2021                                                                    REMOTE MEETING VIA VIDEOCONFERENCE

                The Police Commission of the City and County of San Francisco met via videoconference at 5:36 p.m.

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

ABSENT:               Commissioner Yee

GENERAL PUBLIC COMMENT

                Susan Buckman, Wealth & Disparities, spoke regarding Officer Babbs and his complaint of racism in the department.

                David Aaronson, Wealth & Disparities, spoke regarding DOJ COPS recommendations and stated that SFPD seem to not have urgency in completing these recommendations and asked where the are the consequences for SFPD for not completing these recommendations.

                Kit Hodge, Wealth & Disparities, spoke regarding Officer Babbs and his complaint of racism in the department.

                Ms. Paulette Brown spoke regarding her son Aubrey Abrakasa and how her son’s case is still not solved and asked for a venue to put the digital format for unsolved homicides and asked when can the Chief meet and consider the digital format.

                Zack Dillon, Public Defender’s Office, stated it was refreshing to hear the presentation last week about the Oakland Police Commission and hopes that the Commission can work together to come up with a plan for next year.  He stated that its time to do something new for solutions rather than wait for other departments to take bold steps to prove the solution works.

                Jean Bridges, Wealth & Disparities, spoke regarding Officer Babbs and his complaint of racism in the department.

                Yulanda Williams, OFJ President, spoke of being a whistleblower and stated that she can attest that there is racism in the Department and that retaliation needs to stop.

CONSENT CALENDAR

-              SFPD/DPA Document Protocol Report 1st Quarter 2021
-              SFPD Monthly SB 1421 Report

-              DPA Monthly SB 1421 Report

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

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

ABSENT:               Commissioner Yee

PUBLIC COMMENT

                None

REPORTS TO THE COMMISSION

Chief’s Request

-              Weekly crime trends

-              Major/Significant Incidents                

                Chief reported on crime trends:  Violent crime:  Homicides down five percent; rapes, down 28 percent; robberies down 15 percent; assault up three percent; human trafficking down 7 percent.  Property crimes:  Burglary up seven percent; motor vehicle theft up 9 percent; arson up 15 percent; larceny theft down 14 percent.   The Chief reported that  gun violence is up 119 percent, 79 total incidents with 103 victims. The Chief then reported on recent homicides and shooting incidents.

Strategies:  In the Taraval, officers are assigned to business corridors to continue to engage with merchants and residents about crime in the area and their concerns.  Foot beats are deployed in the Irving corridor, two officers are deployed daily for engagement and to try to prevent crimes from occurring; Mission, foot beats are deployed in the Castro, on 24th Street, and 16th Street; Park, officers are directed to do passing calls on burglary hot spots, foot beats on Haight and Stanyan to Masonic.  Officers are also handing out SF SAFE Burglary Prevention handouts to community members.  Gun recovery:  164 ghost guns seized.  Significant incidents:  Victim reported in the Bayview that their rental car was broken into and a large amount of currency, watches, computer equipment, passports and other items were taken valued at over $200,000; assault on an officer on June 11th in the 200 block of Taylor in the Tenderloin; aggravated assault to an 81-year-old man in the Bayview; arrest of a serial burglar on June 10th.  The Chief talked about a shoplifting incident in Walgreens where the suspect is known to the officers and are searching for the suspect.  Side show activity over the weekend in the Bayview where a police officer in a vehicle was closed in by participants’ vehicles and was unable to move.  Participants threw bottles at the officer.  The officer was able to get out through a dispersion technique by other officers who arrived to assist.  The event was disbanded and reformed at 13th and So. Van Ness where there were fireworks while the sideshow was going on.  Officers arrived, dispersed the group, and the group retreated back to the Bayview, officers responded, dispersed the group and the group moved in the Mission and Randall and again the officers responded where the group then moved toward Oakland.  Major events:  Juneteenth will start of this week; 4th of July events; and,  Pride events.  The Chief talked about meeting with the community to talk about what’s happening in the city and stated that this meeting will continue moving forward.

DPA Director’s Report

-              Report on recent DPA activities, and announcements               

                Director Henderson reported:  13 new cases with 20 allegations; 46 percent involved officers who spoke or behave inappropriately; 15 percent include officers who failed to provide their star number; 15 percent failed to take required action; 15 percent referred to other agencies.  355 cases opened, 436 cases closed, 289 cases pending; 27 cases sustained; 19 cases past 270 days; 17 cases mediated.

Outreach:  Can be found on  community calendar on the DPA’s website and posted on Tweeter, Facebook, Instagram and on DHR’s website.  Summer program started last week; June 10th, worked with Mega Black coordinating the Juneteenth celebrations coming up on June 19th also, June 10th, hosted a virtual audit community overview; June 15th, 1421 overview presentation & presentation with Bayview Hunters Point presentation for adolescent growth in our community

Commission Reports

-              Commission President’s Report

-              Commissioners’ Reports

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

                Commissioner Cohen is still working on getting the attorney general  to join the meeting.

                Commissioner Brookter spoke that if we do invite the public to present, the public have to be respectful and that this platform should not be used to tear down one another. 

                Commissioner Elias have asked the Department to present on Field Training and that IAD presentation will be in August.  She also stated that Director Henderson have submitted the matrix on suggestions presented last week on how to handle racial disparities.

                Commissioner Hamasaki asked about CART presentation and would like to get that on the agenda.  He also would like to hear about the Department’s homeless sweeps and would like a report.  He also asked for an update on bias and would like a report on whistleblower complaint of racism and what has been done within the department.               

                Commissioner Byrne reported on problems with the Tenderloin.

PUBLIC COMMENT               

                Francisco Dacosta asked that the Chief be allowed to discuss and report what is happening in San Francisco.

                Yulanda Williams reported that the OFJ has teamed up with the African American Cultural Center to bring peace throughout the city of San Francisco.

DISCUSSION AND POSSIBLE ACTION TO APPROVE THE AWARDS CERTIFICATION PANEL’S RECOMMENDATION

                Commissioner Brookter presented the recommendations of the Awards Certification Panel.

                The Chief explained that the process is a very thorough process and thanked Commissioners Brookter, Byrne, DeJesus, and retired Sergeant Kilshaw for their work.

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

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

ABSENT:               Commissioner Yee               

PUBLIC COMMENT

                Unidentified stated that it is a disgrace that the president of the OFJ was able to come to work at the Hall of Justice using the city handicapped space and placard as she went to work.

RESOLUTION 21-59

AWARDS GRANTED TO MEMBERS OF THE POLICE DEPARTMENT

                WHEREAS, the following named members of the Police Department are commended for courageous service under the provisions of General Order 3.09, Section I.A.1 of the San Francisco Police Department, as approved by the Awards Committee on November 9, 2020; and

                WHEREAS, Chief of Police William Scott has recommended to the Police Commission that the said members be rewarded under the provisions of Section 8.405(a)(4) of the Charter of the City and County of San Francisco; therefore, be it

                RESOLVED, that Sergeant Michael Hara, Officers Wiloran Ravelo, and Jason Robinson are hereby awarded the Gold Medal of Valor and granted a reward of $1,500.00, as provided for under said section of the Charter; and be it further

                RESOLVED, Sergeant Jeffrey Aloise and Officer John Hoge are hereby awarded the Silver Medal of Valor and granted rewards of $1000.00, as provided for under said section of the Charter; and be it further

                RESOLVED, that Sergeant Jason Garden, Officers Robert Glenn and Jose Rosales-Renteria  are hereby awarded Bronze Medals of Valor and granted rewards of $500.00 each, as provided for under said section of the Charter; and be it further

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

         ABSENT:     Commissioner Yee               

DISCUSSION AND POSSIBLE ACTION TO ADOPT DRAFT RESOLUTION PRESCRIBING METHODOLOGIES FOR USE IN PREPARATION OF THE 2021 STAFFING REPORT

                Commissioner Cohen gave a brief background on Prop E and how the resolution is meant to comply with Prop E.               

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

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

ABSENT:               Commissioner Yee

PUBLIC COMMENT

                Francisco Dacosta spoke of the PERF Report and talked about townhall meeting  for the community to give input on staffing and stated that quality of life issues needs to be addressed.

RESOLUTION NO. 21-60

ADOPTION OF RESOLUTION PRESCRIBING METHODOLOGIES FOR USE IN PREPARATION OF THE SAN FRANCISCO POLICE DEPARTMENT 2021 STAFFING REPORT  

WHEREAS in February 2019, the San Francisco Police Department engaged an independent consultant to design and advise on public safety staffing methodologies through a collaborative process that leaned heavily on input from the Police Commission, Board of Supervisors, and key stakeholders,

WHEREAS the San Francisco Police Department, in partnership with the Police Commission and San Francisco Board of Supervisors, organized a Staffing Taskforce and met periodically throughout 2019 to provide recommendations and findings related to staffing,               

WHEREAS in March 2020, the consultant released an independent report on Department staffing levels, one that employed a number of methodologies developed in partnership with representatives from the Police Commission,

WHEREAS in November 2020, San Francisco voters approved Proposition E, which omitted minimum staffing requirements for the San Francisco Police Department from the City charter,

WHEREAS the proposition further required the San Francisco Police Department to set its staffing levels based on an analysis of needs, performed and reported to the public in each odd-numbered calendar year starting in 2021,

WHEREAS the City charter delineates the Police Commission as the policy-setting body for the San Francisco Police Department,

WHEREAS Proposition E, as passed in November 2020, called on the Police Commission to exercise its policy-setting responsibilities by prescribing methodologies for use in preparation of the Department’s biannual staffing study,

WHEREAS the biannual staffing study will be used to set the target number for sworn police officers employed by the City and County of San Francisco,

NOW, therefore be it

RESOLVED that, when conducting its 2021 study to determine staffing levels, the Chief of the San Francisco Police Department shall direct his staff to employ the following methodologies:               

  1. Workload-based methodology, which takes into account the time needed to complete tasks, multiplied by volume, to assess the total number of workload hours for each position;

  2. Ratio-based methodologies, including span of control analysis, support to other staff, and ratios based on other variables such as instructor-to-student ratios or number of Part I crimes to each available officer;

  3. Non-scalable methodologies, including selective analysis for positions that provide the Department with a specific capability or analysis of unique roles that do not scale, such as senior leadership positions;

  4. Fixed-hours methodology, for positions whose staffing needs are based on a fixed number of hours that need to be staffed (e.g., SWAT and K9)

    FURTHER RESOLVED that the Chief and his designees may apply electronic tools, conduct internal and external interviews, and collect and analyze internal data to source information needed to execute the methodologies listed above,

    FURTHER RESOLVED that the Chief shall ensure that the report includes a discussion of redeployment strategies informed by changing staffing needs, and shall consider the potential impact of Street Crisis Response Teams to the future disposition of its sworn staff,

    FURTHER RESOLVED, that in employing the workload methodology on analysis of calls for service, the report shall include a discussion of the potential impact on police staffing levels of transferring the primary response duty for Priority C calls to other city agencies for issues related to homelessness, mental health, substance abuse, well-being, and traffic enforcement,

    FURTHER RESOLVED, that the study shall explore, in quantifiable terms where possible, the relationship between the amount of time dedicated to foot or vehicle patrols in each district and improved public safety outcomes,

    FURTHER RESOLVED that, to maximize the number of sworn members performing operational roles, the report shall include a discussion of civilianization opportunities,

    FURTHER RESOLVED that the Chief of Police shall, no later than August 31, 2021, provide the Commission, at a public meeting, a verbal update on the development of the staffing report, which shall include any foreseeable need to deviate from the methodologies listed herein and notifications regarding the expected publication timeline,

    FURTHER RESOLVED that the Commission Secretary shall advise the Chief of the San Francisco Police Department of this policy.

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

                    ABSENT:               Commissioner Yee

    PRESENTATION OF THE DISCIPLINARY REVIEW BOARD (DRB) FINDINGS AND RECOMMENDATIONS, 1ST QUARTER 2021

                    Assistant Chief Bob Moser, Chief of Staff, and Sarah Hawkins, DPA Chief of Staff, presented the DRB Findings and Recommendations, 1st Quarter 2021.

    PUBLIC COMMENT

                    None.               

    PRESENTATION OF THE MONTHLY COLLABORATIVE REFORM INITIATIVE (CRI) UPDATE

                    Executive Director Catherine Maguire presented the CRI update.

    PUBLIC COMMENT

                    None.

    TRIAL AND COMMISSION DELIBERATION IN DISCIPLINARY CASE NO. IAD 2019-172 REGARDING OFFICER JOEL BABBS.  PURSUANT TO RULE XII OF THE POLICE COMMISSION RULES GOVERNING TRIAL OF DISCIPLINARY CASES, THE COMMISSION WILL CONSIDER EVIDENCE TAKEN ON THE DISCIPLINARY CHARGES FILED IN CASE NO. IAD 2019-0172 AND DELIBERATE ON WHETHER TO SUSTAIN OR DISMISS CHARGES AND WHETHER TO IMPOSE PENALTIES FOR ANY CHARGES SUSTAINED OR TAKE OTHER ACTION.  OFFICER BABBS HAS WAIVED HIS RIGHT TO CONFIDENTIAL CLOSED SESSION HEARING ON THIS ITEM

                    Commissioner Elias chaired this hearing.  Present are Attorney Betz, Deputy City Attorney Givner, Deputy City Attorney Porianda, and Officer Babbs.

    (These proceedings were taken in shorthand form by Ms. Kathryn Swank, CSR., Behmke Reporting and Video Services.)

    PUBLIC COMMENT

                    Francisco Dacosta spoke in regard to only one commissioner that asked questions and stated that there should be a judge in the commissioner.

                    Susan Buckman, Wealth & Disparities, stated that public comment should be part of the record and that continue with the investigation of retaliation.               

    PUBLIC COMMENT ON  ALL MATTERS PERTAINING TO CLOSED SESSION

                    None

    VOTE ON WHETHER TO HOLD CLOSED SESSION

                    Motion by Commissioner Byrne, second by Commissioner Cohen, to go into Closed Session.  Approved 5-0.

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

    CLOSED SESSION (8:35p.m. – 9:08 p.m.)

    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 3.09, “Department Awards

    Taken off calendar.

    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. IAD 2019-0172, decide penalty, if necessary, or take other action, if necessary

    (Present:  Commissioners Cohen, Elias, Brookter, Hamasaki, Yee, Byrne, Deputy City Attorney Givner, Deputy City Attorney Porianda, Sergeant Youngblood, 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:

    Discussion and possible action to adopt proposed Findings of Fact regarding the Commission’s April 14, 2021 decision in Disciplinary Charges filed in Case No. DPA 42720, 0045-19, or take other action, if necessary

    (Present:  Commissioners Cohen, Elias, Brookter, Hamasaki,  Byrne, Yee, Deputy City Attorney Givner, Deputy City Attorney Porianda, Sergeant Youngblood, 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, Brookter, Hamasaki, Byrne, Deputy City Attorney Givner, Deputy City Attorney Porianda, Sergeant Youngblood, Sergeant Reynolds, Risa Tom)

    Open Session (9:08 p.m.)

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

                    Commissioner Elias announced that the commission voted to continue the Babbs hearing to July 14th.               

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

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

    PUBLIC COMMENT

                    None

    ADJOURNMENT               

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

    Thereafter, the meeting was adjourned at 9:12 p.m.