JULY 21, 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, Brookter, Hamasaki, Yee, Byrne

ABSENT:               Commissioner Elias

GENERAL PUBLIC COMMENT

                Susan Buckman, Wealth & Disparities, spoke in regard to recommendations made in June about accountability and consequences.  She spoke of concerns about Officer Cabillo.

                Kit Hodge, Wealth & Disparities, spoke in regard to Joel Babbs case and spoke of racism in the Department.

                David Aaronson, Wealth & Disparities, spoke in regard to 272 DOJ recommendations and spoke of anti-Black disparities in the Department.

                Jean Bridges, Wealth & Disparities, spoke of racism in the Department and spoke SFPD sending worst officers in the Bayview and went on to talk about Officer Buckley and spoke of bad officers being transferred from the Bayview.

                Victoria, Wealth & Disparities, spoke of SFPD’s systemic racism and spoke of 272 COPS recommendations and would like written proof of compliance.

                Matthew Fox, Wealth & Disparities, spoke of CRI recommendations and that there is no third party to support their claim of compliance.

                Ms. Paulette Brown spoke of her son, Aubrey Abrakasa, and that his case is still unsolved.  She asked for support to help solve her son’s case along with other homicides.               

CONSENT CALENDAR

-              Request for approval to accept gift of $1000 from Tamin & Nikki Pechet through Give2SF to       be used where the Department needs it most

-              Police Commission Report of Disciplinary Actions, 2^nd Quarter 2021

-              Audit of Electronic Communication Devices for Bias, 2^nd Quarter 2021
-              SFPD Monthly SB 1421 Report

-              DPA Monthly SB 1421 Report

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

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

ABSENT:               Commissioner Elias

PUBLIC COMMENT

                Zack Dillon spoke in regard to IAD 2018-0099 where the officer was terminated and spoke of cases of dishonesty.

REPORTS TO THE COMMISSION

Chief’s Request

-              Weekly crime trends

-              Major/Significant Incidents                

                Assistant Chief Bob Moser, for Chief Scott, reported on crime trends:  Part 1 Crime, down 2 percent:  Homicide up 13 percent; rape down 19 percent; robbery down 11 percent; assault up 5 percent; human trafficking down 6 percent.  Property Crime, down 2 percent:  Burglary up 2 percent; motor vehicle theft up 1 percent; arson up 15 percent; larceny theft down 4 percent.  Gun violence up 95 percent.  There were 4 shooting incidents causing injuries to 4 individuals for the week ending on 7/18/21; 3 non-fatal incidents and 1 fatal incident.  There was 1 homicide for the week ending on 7/18/21.  27 homicides YTD.  Chief Moser reported on one homicide at 7^th and Mission Street, victim was a 15 year old Oakland resident shot by a suspect in a vehicle.  Officers in the area saw suspect vehicle.  Suspect vehicle fled, striking a pedestrian.  Suspect vehicle fled and caused several collisions.  Officers were able to locate suspect vehicle and take suspect in custody. 

                District strategies:  On Monday, July 19^th,  Mayor Breed held a press conference along with Chief Scott and Commissioner Yee to announce the Department’s new community policing deployment plan to support businesses and residence as the city reopens as well as keep tourists and communities safe in San Francisco.  Under the deployment plan, 26 additional officers will be deployed on bicycles and foot patrols on high traffic areas and iconic travel destinations in five of the city’s 10 police districts:  Central, 14 additional officers, bike and foot patrols in the area of Union Square, Market Street, Powell Street, Chinatown, lower Grant, Pier 39, Fisherman’s Wharf, Northbeach, and Lombard Street;  Mission, 2 additional officers on bike and foot patrol on Castro and upper Market; Northern, six additional officers on bicycle patrols around the Palace of Fine Arts, Alamo Square, Japantown; Park, 2 additional officers on bike patrol on the Haight Street commercial corridor; Richmond, 2 additional officers on bike patrol at Golden Gate Park.  Within the operations order, officers are to incorporate the five goals of the Department’s Strategic Community Policing Strategy:  Communication, education, problem solving, relationship building, and reflecting the guardian mindset.

                Firearm seizure:  550 firearms, 115 are ghost guns, representing 21 percent of all guns recovered. 

                Stunt driving event on Saturday, July 18^th, that occurred at several locations throughout the city.  The Department was able to deploy officers and eventually disperse, towing 3 cars and arresting operators.

                Major events:  None planned at this time. 

                The Chief is in Southern California for a round table with the Governor and spoke of AB 331 which was signed into law by Governor Newsom in regard to retail thefts.  Assistant Chief Moser read a statement from Chief Scott:  “AB 331 re-establishes the crime of organized retail theft which ended on July 1, 2021 will be in effect until January 1, 2025.  It also extends the authority of the California Highway Patrol to coordinate regional retail crime task forces which include San Francisco’s participation in the north state effort and the task force have assisted law enforcement agencies recovering more than $10 million in stolen retail assets statewide in 2020 including an operation lead by San Mateo Sheriffs Office in which cooperating law enforcement agencies recovered over $8 million in stolen merchandize from such bay area retailers as CVS, Target, and Walgreens.”

DPA Director’s Report

-              Report on recent DPA activities, and announcements               

                Director Henderson reported:  16 new cases in the past week, total of 27 allegations:  50 percent involved officers who spoke or behaved inappropriately; 19 percent involved referrals to other agencies or departments; 13 percent involved engaged in biased policing or discrimination; 13 percent involved officers who failed to properly investigate; and 13 percent failed to take required action.  423 cases opened; 509 cases closed; 283 pending; 29 sustained; 29 past 270-day; 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 16th, program with speaker series along with Public Defender’s Office with USF’s Center for Public Services with Derrick Brown and hosted a  podcast increasing internship awareness focused on diversity candidates;  Internship with Opportunities for All with DPA; July 15^th, participated in Mega Black discussion regarding housing issues specifically for African Americans in San Francisco.

Commission Reports

-              Commission President’s Report

-              Commissioners’ Reports

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

                Commissioner Cohen announced that she has invited Senator Skinner to come and speak in regard to legislation that impacts SB 1421.               

                Commissioner Yee reported on attending the press conference in regard to additional funds allocated to the Department for 26 officer positions.   Commissioner Yee also stated that during the break he will be reaching out to the different District Stations to  get out into the different districts as the city opens up.

                Commissioner Byrne spoke of walking around the Tenderloin where he has seen changes as far as drugs in the neighborhood.  He spoke of how much Narcan have been administered in the Tenderloin and spoke of number of deaths from Fentanyl.

                Commissioner Brookter spoke of meeting with DPA on Friday and speaking to the interns and spoke of upcoming 273^rd Academy Class Graduation on August 5^th.

                Commissioner Hamasaki would like a report on the deployment of officers to different districts.  He also talked about the officer that the Wealth & Disparities group spoke about and would like to hear back from the Department.

PUBLIC COMMENT

                Francisco Dacosta spoke in regard to reports and spoke of quality of life issues in San Francisco and would like to know why police force are deployed only in certain areas and not in areas where real crimes are committed and would like to know the segment of the population who are committing the crimes.      

PRESENTATION OF THE MONTHLY COLLABORATIVE REFORM INITIATIVE (CRI) UPDATE

                Executive Director Catherine Maguire presented the CRI update.               

PUBLIC COMMENT

                Francisco Dacosta spoke of the 272 recommendations and how they came to be.               

PRESENTATION OF DPA’S FIRST AMENDMENT COMPLIANCE AUDIT OF THE SFPD RECORDS PURSUANT TO DEPARTMENT GENERAL ORDER 8.10

                Steve Flaherty, DPA Director of Audits, presented the update  on DGO 8.10 Audit.

PUBLIC COMMENT

                Zack Dillon stated that it is unclear to him what DPA and SFPD view as First Amendment activities.  He stated that it should also include officers monitoring online gatherings and speech. 

PUBLIC COMMENT ON  ALL MATTERS PERTAINING TO CLOSED SESSION

                None

VOTE ON WHETHER TO HOLD CLOSED SESSION

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

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

CLOSED SESSION (7:33 p.m. – 8:03 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 2.01, “General Rules of Conduct”

(Present:  Commissioners Cohen, Brookter, Hamasaki, Yee, Byrne, Assistant Chief Moser, Director Preston, Isabelle Choy, Deputy City Attorney Yank, Deputy City Attorney Porianda, Sergeant Youngblood, 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  of case status after remand from Superior Court with order that the Commission reconsider penalty to be imposed on two sustained charges (Specifications 4 and 5) (in re Leung)

(Present:  Commissioners Cohen, Brookter, Hamasaki, Yee, Byrne, Assistant Chief Moser, Deputy City Attorney Porianda, Sergeant Youngblood, 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 take off calendar the following cases:

-              Appeal of the Chief’s Suspension file din Case No. IAD 2018-0213 due to member’s  retirement effective close of business July 1, 2021

-              Disciplinary Charges filed in Case No. IAD 20202-0056 due to member’s termination effective July 14, 2021

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

Open Session ( 8:03 p.m.)

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

                Motion by Commissioner Byrne, second by Commissioner Yee for non-disclosure.  Approved 5-0.

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

PUBLIC COMMENT

                None

ADJOURNMENT   

Thereafter, the meeting was adjourned at 8:04 p.m.