JULY 14, 2021                                                                     REMOTE MEETING VIA VIDEOCONFERENCE

                The Police Commission of the City and County of San Francisco met via videoconference at 5:38 p.m.

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

(Commissioner Elias arrived at 5:55 p.m.)

GENERAL PUBLIC COMMENT

                Ben Paul, Wealth & Disparities, spoke in the matter of Joel Babbs and spoke of how the Commission can get rid of racism in the SFPD.

                Carolyn Brusen, Public Defender’s Office, spoke in regard to the EIS report and spoke of officers who are on the report with no interventions.  For EIS to be effective, there has to be interventions.

                 Kit Hodge, Wealth & Disparities, spoke in the matter of Joel Babbs and spoke allegations of Babbs being targeted.

                Susan Buckman, Wealth & Disparities, spoke in regard to a presentation with recommendations to the Commission that presented a common theme about what is lacking in San Francisco, accountability and consequences.  She then spoke of concerns about one officer in the Mission, Joshua Cabillo.

                Jean Bridges, Wealth & Disparities, spoke in regard to Joel Babbs and his 2017 complaint and why the Commission have not investigated this complaint and spoke of retaliation against Officer Babbs.

                David Aaronson, Wealth & Disparities, spoke in the matter of Officer Joel Babbs and his 2017 complaint of retaliation.               

CONSENT CALENDAR

-              Family Code § 6228 Quarterly Report 2^nd Quarter 2021

                Motion by Commissioner Cohen, second by Commissioner Brookter to receive and file.  Approved 6-0.

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

PUBLIC COMMENT

                None

REPORTS TO THE COMMISSION

Chief’s Request

-              Weekly crime trends

-              Major/Significant Incidents                

                Chief reported on crime trends:  Violent Crimes: Down 5 percent; homicide up 8 percent; rape down 21 percent; robbery, down 12 percent; assault up 4 percent.  Property Crimes:  Down 3 percent; burglary up 2 percent; motor vehicle theft up 1 percent; arson up 14 percent; larceny theft down 5 percent.  Gun violence up 92 percent;  there were four shooting incidents causing injuries to 4 individuals, a total of 100 incidents resulting in 125 victims YTD.  Homicides:  No homicides the week of Jul 11, 2021.  There are 26 homicides YTD:  6 in June, 6 in May.  Overall clearance rate:  92 percent. 

                Major Incidents:  Turk and Jones where an argument escalated to shooting, victim suffered injuries to his abdomen and fingers, no suspect in custody at this time; July 6^th, at Treasure Island, Northpoint Drive and Gateview Avenue, 15-year-old victim on the bus was struck by a bullet, video retrieved are being followed up, victim expected to survive; July 9^th, Ingleside, Mansell and Visitacion, 18-year-old Asian male was shot, victim did not see who shot him; July 11^th, Mission, 23^rd and Mission, victim was parking car on Capp Street when three suspects approached and shot him, victim is stable condition. 

                Strategies:  Bayview, continued deployment on Third Street; Northern, focus on burglary operations will high visibility deployment in the Alamo Square area, Palace of Fine Arts, Japantown, foot beats deployed at Union Street, Chestnut, Polk, Japantown, Fillmore, and in the Civic Center and Hayes Valley; Richmond, focused on Golden Gate Park area and the Legion of Honor, and Ocean Beach where there has been spikes of auto burglaries, bicycle units are deployed, high visibility particularly on the weekends at Golden Gate Park and foot beats deployed at Laurel Village, Clement Street, and Geary Boulevard; Park, focus on car break-ins, responded to stunt driving events, post fixed post along Haight Street and foot beat in the Dubois Triangle.

                Ghost Guns:  Confiscated 115 ghost guns YTD; increased seizure of 7 percent YTD.

                Hate crimes:  35 incidents as of July 4^th, 13 against Asian Americans, 3 against Latino, 6 against Jewish, 6 against Black African Americans, 1 against LGBTQ, 1 against White, 5 anti-nationality type incidents, 4 against anti-gay homophobic incidents.

                Significant Incidents:   July 6^th, victim who was Asian American was approached by a subject on a Muni bus yelling at victim asking if he was Chinese or Filipino; Geary and Sutter incident where victim who is Asian American was walking on Sutter Street inside the crosswalk when a vehicle bumped into him, driver looked at victim directly in the eyes and accelerated, words exchanged and victim believed this may have been motivated by prejudice or hate.

                Major events:  Stern Grove Festival on Sunday nights with live music.  No domestic terrorism to report.

DPA Director’s Report

-              Report on recent DPA activities, and announcements               

                Director Henderson reported:  23 new cases with 33 allegations; 13 percent involved officers who spoke or behave inappropriately; 9 percent involved officers driving improperly; 9 percent involved officers who failed to take required action; 17 percent are new complaints with further investigation needed to determine the allegations.  413 cases opened, 502 cases closed, 278 cases pending; 28 cases sustained; 28 cases past 270 days; 20 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:  July 7^th, joint presentation with the Public Defender’s Office; July 8^th, Mega Black open discussion on budget advocacy demand and participated in committee meeting addressing employment opportunities for creative offices from disenfranchised communities.

Commission Reports

-              Commission President’s Report

-              Commissioners’ Reports

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

                Commissioner Cohen requested a report from the Department on SFPD coordinated response to address organized retail crimes and what is happening with the meetings with CHP.

                Commissioner Brookter would like to look at staffing of the department after the opening of the City after COVID and what are the plans in terms of new academy classes and recruiting.

PUBLIC COMMENT

                None    

PRESENTATION OF THE EARLY INTERVENTION SYSTEM REPORT, 1^ST QUARTER 2021

                Captain Mark Cota, Risk Management Office, presented the 1^st quarter 2021 EIS Report.               

PUBLIC COMMENT

                Unidentified asked to use Open Software Program.

PRESENTATION OF THE DPARTMENT OF POLICE ACCOUNTABILITY ANNUAL REPORT

                Chief of Staff Sarah Hawkins presented the DPA’s Annual Report.

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.

                Motion by Commissioner Elias to continue deliberations into closed session.  Second by Commissioner Cohen.  Approved 6-0.

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

PUBLIC COMMENT

                Unidentified spoke that he agrees that Officer Babbs is a victim of retaliation and bias by members of the department and stated that he heard nothing from the members of the Wealth & Disparities group addressing tonight’s discipline case are claiming that the woman victim is part of discrimination retaliation.  He stated that these are two separate incidents and that should be dealt with separately.  He stated that the Commission’s task tonight is to evaluate the discipline case and determine whether Officer Babbs engaged in the conduct he is allegedly to have committed against the woman victim.  He further went on to commend the victim for coming forward and reporting this sexual assault in spite of Officer Babbs’ gaslighting and making allegations against her.

                Unidentified spoke of how this case is about police accountability and spoke of why women don’t come forward because society does not believe them.  He stated that this case is not about whistleblower.  This case is about is whether or not you believe sexual assault survivors.  He spoke of Officer Babbs being a liar when he alleged that the Chief of Police tried to run him off the road with a car and asked the Commissioners to use common sense and get Officer Babbs out of the department.

                Unidentified, Wealth & Disparities, stated that retaliation is relevant and that this has been a conspiracy against him and consider that as a possible reasonable doubt and stated that Officer Babbs is not the only Black employee of the city who has had a campaign against him.               

PUBLIC COMMENT ON  ALL MATTERS PERTAINING TO CLOSED SESSION

                None

VOTE ON WHETHER TO HOLD CLOSED SESSION

                Motion by Commissioner Brookter, second by Commissioner Yee, to go into Closed Session.  Approved 6-0.

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

CLOSED SESSION (7:44 p.m. – 9:44 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 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,  Byrne, Yee, 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 accept or reject Motion to Dismiss Charges pursuant to Government Code Section 3304(d) filed in Case No. DPA 42798 A & B

(Present:  Commissioners Cohen, Elias, Brookter, Hamasaki, Yee, Byrne, Chief Scott, Assistant Chief Moser, Director Henderson, Deputy City Attorney Porianda, Sergeant Youngblood, Sergeant Reynolds, Risa Tom, Attorney Rosenstein, Attorney Berry-Wilkinson, members involved)

(These proceedings were taken in shorthand form by Ms. Kathryn Swank, 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:

Discussion and possible action to take disciplinary charges filed in Case NO. DPA 43112A off calendar and remand it back to the Chief

(Present:  Commissioners Cohen, Elias, Brookter, Hamasaki,  Byrne, Yee, Chief Scott, Assistant Chief Moser, Director Henderson, 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, Yee, Chief Scott, Assistant Chief Moser, Director Henderson, Deputy City Attorney Porianda, Sergeant Youngblood, Sergeant Reynolds, Risa Tom)

Open Session (9:44 p.m.)

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

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

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

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 announced that, after deliberations, the Commission has voted to sustain specifications 1, 2, and 3 of the Commission charges and has voted to not sustain specification no. 4.  Based on the sustaining of specifications 1, 2, and 3, the Commission has determined that termination is warranted and ordered the Department file findings and serve Officer Babbs to give him the opportunity to add additional findings based on the Commission’s vote.

ADJOURNMENT               

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

Thereafter, the meeting was adjourned at 9:44 p.m.