Police Commission - September 15, 2021 - Minutes
SEPTEMBER 15, 2021 REMOTE MEETING VIA VIDEOCONFERENCE
The Police Commission of the City and County of San Francisco met via videoconference at 6:03 p.m.
PRESENT: Commissioners Cohen, Elias, Hamasaki, Yee, Byrne
ABSENT: Commissioner Brookter
(Commissioner Yee joined the meeting at 6:14 p.m.)
Sergeant Youngblood announced that line item 9, DGO 5.16, and line item 10, DGO 2.01 have been removed from tonight’s agenda and will be scheduled at a later time.
GENERAL PUBLIC COMMENT
Steven Martin Pinto spoke to address the conduct of Commissioner John Hamasaki. He stated that Commissioner Hamasaki has been unbecoming as a public official and spoke of how Commissioner Hamasaki have violated DGO 2.01 on several occasions by mocking victims of crimes, making baseless accusations against one of the Board of Supervisors, making unfounded baseless accusations against one of the petition gatherers for the recall of a school board. He also stated that Commissioner Hamasaki has publicly celebrated the injury of a police officer in another department. He asked that the Commission look at Commissioner Hamasaki’s history and his dealings with the public and ask if this is appropriate for a police commissioner to conduct himself and if not, suggested that he be removed from the commission.
Keith Lam stated he is a victim of crime in relation to an SFPD case no. 210334712 and thanked the SFPD’s Special Investigation Unit for working of the case tirelessly and thanked Chief Scott for taking the case seriously. He spoke of how the public expects the Police Commission to adhere to high ethical standards. He stated that citizens and the media are watching.
Unidentified thanked Commissioner Hamasaki for his excellent job of managing to convey and discuss issues online. He stated that Commissioner Hamasaki is available to be able to discuss the issue of search warrants and that if there are complaints from the Public Defender and from the District Attorney they are discussed on the forum that is Commissioner Hamasaki’s political tweeter. He stated that he appreciates it and that it is a wonderful advance in the commission to have him and to have that tweeter available. He went on to talk about how important to value the 4th Amendment Right and the city examine how police and technology interacts.
Louise Whitlock called for the resignation of Commissioner John Hamasaki. She stated that this past weekend, Commissioner Hamasaki engaged in character assassination, libeling, and smearing of a private citizen and her friend Keith Lam who spoke to the commission about the crimes committed against him by a white male while gathering signatures for the recall of members of the Board of Education. She stated that the perpetrator is still at large. She stated that Commissioner Hamasaki deliberately libeled and smeared Mr. Lam by tweeting out to Heather Knight of the SF Chronicle “Do you have any concerns about Mr. Lam calling for proud boys and capital rioters to get involved? This type of violence extremisms have no place in San Francisco.” She stated that these are complete lies and that Mr. Lam have never supported any of that type of behavior. She stated that regardless of Commissioner Hamasaki’s motive, she stated that you can’t have someone in the commission who behaves like this and stated that it is time for Commissioner Hamasaki to resign and if not, he must be removed from office.
Ms. Paulette Brown called in regard to her son, Aubrey Abrakasa, who was murdered August 14, 2006. She thanked the Chief and Commissioner Cohen for acknowledging that the posters are at police stations and that the perpetrators are still out there who murdered her son.
CONSENT CALENDAR
- SFPD Monthly SB 1421 Report
- DPA Monthly SB 1421 Report
- SFPD/DPA Document Protocol Report, 2nd Quarter 2021
PUBLIC COMMENT
None
Motion by Commissioner Yee, second by Commissioner Byrne. Approved 5-0.
AYES: Commissioners Yee, Byrne, Hamasaki, Elias, Cohen
ABSENT: Commissioner Brookter
Chief’s Report
- Weekly crime trends
- Major/Significant Incidents
Chief Scott reported on crime trends: Part 1 Violent Crime, down .30 percent: Homicide up 6 percent; rape down 16 percent; robbery down 7 percent; assault up 11 percent; human trafficking up 5 percent. Property Crimes, up 1 percent: Burglary up 1 percent; motor vehicle theft down 2 percent; arson up 7 percent; larceny theft up 3 percent. Gun violence up 62 percent. There were 4 shooting incidents for the week ending on 9/12/21; a total of 132 incidents resulting in 159 victims YTD. There was 1 homicide the week ending on 9/12/21; 37 homicides YTD: 3 homicides in September; 4 homicides in August; overall clearance rate is 97 percent.
Gun Seizure: 714 YTD, 115 ghost guns recovered YTD.
Significant Incident: The Chief reported on one homicide at Haight and Shrader where the officers located a victim male, 65-years old, suffering from multiple stab wounds. The victim was transported to the hospital and later succumbed to his injuries. Video was recovered from the area with images of the suspects, however, no arrest has been made.
The Chief also reported on 4 shootings: First, on Geary and Mission on September 7th, where the victim was standing on the sidewalk with a group when he heard a loud bang from a passing vehicle and realized he suffered a gunshot wound to his lower extremities. Victim was transporter and no arrest have been made. Second, on September 9th, shooting at Reardon and Bayview where a 911 call was received stating there were subjects with guns in the area. A short time later, two groups exchanged gunfire which included high powered assault rifles. One victim was shot and transported with non-life threatening injuries. Two suspects were arrested and three firearms were recovered. There were approximately 152 casings of various calibers that were fired in this incident. Investigation is still ongoing. Third, on September 9th, at Third and Palou, officers responded to a drug overdosed and discovered the victim has received a gunshot wound. Victim was transported. No arrest made. Fourth, on September 13th, at Hyde and Golden Gate, a victim, 31-years old, was walking felt a shot to his lower extremities. Victim was transported and no arrest made.
The Chief talked of a burglary arrest of a prolific burglar. Burglary unit served a search warrant on a subject wanted for a commercial burglary in the Northern, a hot prowl in the Richmond, and a residential burglary on his own apartment complex. Burglary Unit made the arrest and suspect was taken into custody. During the search of the resident, hundreds of highly collectible, mint-condition comic books were located that have been stolen in a burglary from a resident earlier this summer. The suspect also had a warrant for receiving stolen property out of San Mateo County. The case is with the District Attorney’s Office. Another incident occurred on Muni, at McAlister and Gough in the Northern District, two victims, a 49-year old male and a 67-year old female, were aboard a bus and was confronted by seven or eight subjects. The victim was sprayed in the face with red spray paint and as the suspects exited the bus, the victim was again hit. No arrest made but investigation is ongoing. Another incident, 73-year old, riding a Muni bus when three subjects surrounded him, held him down while they went through his pockets. The suspects took several hundred dollars from the victim, then exited the bus. No arrest made; investigation is ongoing. The Tactical Unit assisted in a search warrant at the request of Carlsbad investigators on one of their homicides. The search warrant was for multiple homicide suspects wanted out of Carlsbad, California. This resulted in four subjects detained and eventually arrested for homicide.
District strategies: Taraval – increased burglaries along the Irving Street corridor. Increased patrol along that corridor and officers are assigned along the business corridor to engage in community engagement and build relationship. Mission – traffic operations in the Castro focused on the top 5 vehicle violations that includes speed violations. Increased presence also helps in some of the other issues in the area of 24th Street corridor, 16th & Mission, 14th and 15th Streets, fixed post on Saturdays. Upper Marked and the Castro, increased deployment by two officers in addition to the regular foot beats. Bayview – the focus and strategy is to reduce robberies and burglaries. Traffic enforcement and community engagement efforts along the 3rd Street corridor, high uniformed presence and passing calls in those corridors and on 3rd Street.
Major Events: No major events in terms of protests. Chase Center is having their first concert on the 9th. Oracle Park, the Giants are in there on their way to the playoffs. Golden Gate Park, band festival has been happening every Saturdays. SF Marathon is this weekend. Salesforce Dreamforce Conference is starting on the 16th through the 22nd. Westfield biggest group ride will be on September 18th.
Commissioner Yee thanked Captain Ng and his officers and the Department for keeping visitors and the community safe during the Autumn Moon Festival.
PUBLIC COMMENT
Unidentified spoke in regard to the war on drugs and spoke of the Iron Wall Prohibition and stated that harder the enforcement, the harder the drugs.
DPA Director’s Report
- Report on recent DPA activities, and announcement
Director Henderson reported: 11 new cases in the past week: 36 percent behaved or spoke in a manner unbecoming an officer; 18 percent were referred to another department or agency; 9 percent conducted improper search and seizure; 9 percent failed to properly investigate; 9 percent mental health related incidents; 9 percent displayed threatening, intimidating, or harassing behavior; 9 percent failed to comply with DGO 5.20, language access service for limited English proficiency. 558 cases opened; 590 cases closed; 296 pending; 35 sustained; 22 past 270-day; 25 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. September 7th, participated in a virtual Bayview Station community meeting; September 13th, two events, one with Dream Keepers, job faire hosted by the Human Rights Commission. Also on September 13th, Restorative Justice event held at Mission Preparatory School.
PUBLIC COMMENT
Unidentified asked the following question: “Obviously this DPA report is central to our police department’s understanding of its own behavior and given that and the controversial nature of prohibition in our streets, I wonder whether we might, in data, have a conversation or analysis of how effective overall that policy’s been.”
Commission Reports
- Commission President’s Report
- Commissioners’ Reports
- Commission announcements and scheduling of items identified for consideration at future Commission Meetings.
Commissioner Hamasaki reported that he had a meeting the Public Defender’s Office and also met with the Wealth and Disparities in the Black Community to discuss how to reform the traffic enforcements which ties into the concerns around bias policing. He stated that what they are trying to do is identify ways to implement policies that can directly address the racial disparities in traffic stops and pedestrian stops. He stated that goal is to get input from the Wealth and Disparities and other groups and then present it to the Department and DPA and the Commission to develop policy.
Commissioner Byrne reported that he will meet with the Chief and Commissioner Brookter to discuss the awards recommendations on Friday. Sunday, the Police/Fire Mass will be held at St. Mary’s Cathedral.
Commissioner Yee reported that he was asked to join the Asian’s Society Townhall meeting, moderated by Eugene Robinson, to talk about anti-Asian hate and police reform.
Commissioner Cohen reported that she’s been busy keeping up with the DGOs, working on language and grammar and making sure that when changes are made to DGOs that there be a more efficient notification system so that people have adequate time and knowledge of the changes. She also spoke with the Chief about data and how data will inform community policing, policing strategy, paying careful attention to resources. She also had a conversation with Director Henderson about future audits what they may look like and any kind of trends that the DPA is seeing. She also had a conversation with the Chief of Staff of the District Attorney’s Office to make sure there is a collaborative approach as to how the commission conducts its business. She also had a conversation with the SF Bar Association about the work being done at the Commission. She will also be attending the Police/Fire Mass on Sunday.
Commissioner Elias announced that today marks National Hispanic Heritage Month and that she looks forward to the events celebrating our heritage.
PUBLIC COMMENT
Unidentified wanted to point out the errors of prohibition.
UPDATE ON PROP E STAFFING ANALYSIS
Chief Scott presented the Prop E update on Staffing Analysis. Chief Scott gave a brief background on Prop E. This is just a status update but, in a few months, there will be a full staffing report presented to the Commission. Chief Scott stated that the methodology is based on the Matrix Report.
PUBLIC COMMENT
None
PRESENTATION OF THE MONTHLY COLLABORATIVE REFORM INITIATIVE (“CRI”) UPDATE
Chief Scott presented the monthly CRI update.
For this reporting period:
46 recommendations moved to substantial compliance
0 Hillard Heintze External Review
16 California DOJ External Review
Current Status:
Use of Force category – 51 in substantial compliance, 88 percent
Bias category – 42 in substantial compliance, 78 percent
Community Policing category – 54 in substantial compliance, 90 percent
Accountability category - 61 in substantial compliance, 90 percent
Recruitment category – 29 in substantial compliance, 91 percent
PUBLIC COMMENT
None
PRESENTATION OF THE INTERNAL AFFAIRS SUMMARY REPORT
Commander Robert O’Sullivan presented the Internal Affairs Summary report.
PUBLIC COMMENT
None
DISCUSSION AND POSSIBLE ACTION TO APPROVE DRAFT DEPARTMENT GENERAL ORDER 5.16, “SEARCH WARRANTS,” FOR MEETING AND CONFERRING WITH THE SFPOA AND THE SF MUNICIPAL EXECUTIVES ASSOCIATION POLICE AS REQUIRED BY LAW
Taken off calendar to be scheduled for a later date.
DISCUSSION AND POSSIBLE ACTION TO APPROVE DRAFT DEPARTMENT GENERAL ORDER 2.01, “GENERAL RULES OF CONDUCT,” FOR MEETING AND CONFERRING WITH THE SFPOA AS REQUIRED BY LAW
Taken off calendar to be scheduled for a later date.
PUBLIC COMMENT ON ALL MATTERS PERTAINING TO ITEM 13, BELOW, CLOSED SESSION, INCLUDING PUBLIC COMMENT ON ITEM 12, VOTE ON WHETHER TO HOLD ITEM 13 IN CLOSED SESSION
None
VOTE ON WHTHER TO HOLD CLOSED SESSION
Motion by Commissioner Byrne, second by Commissioner Elias. Approved 5-0.
CLOSED SESSION (8:10 p.m. - 8:40 p.m.)
a. 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”
(PRESENT: Commissioners Cohen, Elias, Hamasaki, Yee, Byrne, Chief Scott, Assistant Chief Moser, Deputy City Attorney Cabrera, Sgt. Youngblood, Sgt. Reynolds, Phil Lohaus, Director Preston)
b. 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 decision in Disciplinary Charges filed in Case No. IAD 2019-0172, or take other action if necessary
(PRESENT: Commissioners Cohen, Elias, Hamasaki, Yee, Byrne, Chief Scott, Assistant Chief Moser, Deputy City Attorney Porianda, Sgt. Youngblood, Sgt. Reynolds)
c. 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 (ACTION)
(PRESENT: Commissioners Cohen, Elias, Hamasaki, Yee, Byrne, Chief Scott, Assistant Chief Moser, Deputy City Attorney Porianda, Sgt. Youngblood, Sgt. Reynolds)
OPEN SESSION (8:40 p.m.)
VOTE TO DISCLOSE OR NOT DISCLOSE ANY OR ALL DISCUSSION IN CLOSED SESSION
Motion by Commissioner Cohen, second by Commissioner Elias for non-disclosure. Approved 5.0.
PUBLIC COMMENT
None
ADJOURNMENT
Thereafter, the meeting was adjourned at 8:40 p.m.
