Police Commission - October 13, 2021 - Minutes
OCTOBER 13 2021 REMOTE MEETING VIA VIDEOCONFERENCE
The Police Commission of the City and County of San Francisco met via videoconference at 5:43 p.m.
PRESENT: Commissioners Cohen, Elias, Hamasaki, Yee, Byrne
GENERAL PUBLIC COMMENT
Sergeant Youngblood read the following comment: “Commissioners as a person that has a disability which impacts my speech, I welcome the opportunity to type my humble request to such an honorable group of individuals. The DA’s office has asked for additional types of search warrant reviews. Before you do that you should review the DA’s Conflict of Interest Policy – effective 2/24/2020. On page four of five you will find section B. Maintaining a Conflicts List. The DA keeps a list of its attorney’s prior clients. It would be beneficial to have this list sent and continually updated for the police department since an attorney might have represented the target of a search warrant. The TI (unknown what that is) maintains the names and cases. This information could avoid situations similar to when Mr. Tel Kamelint (sp?) may have accidentally called a former client or his new attorney after a review of a search warrant and alerted them. Sometimes the best advocates forget who they work for when a zealous defense is needed. Chief Scott text Chesa – he’s up.”
ADOPTION OF MINUTES
- For the meetings of September 1, 8, and 15, 2021
Motion by Commissioner Elias, second by Commissioner Hamasaki. Approved 5-0.
AYES: Commissioners Hamasaki, Byrne, Yee, Elias, Cohen
PUBLIC COMMENT
None
Chief’s Report
- Weekly crime trends
- Major/Significant Incidents
The Chief gave an update on vaccination mandate status: 118 sworn employee who are not vaccinated; 61 partially vaccinated; 17 who have uploaded information that need corrections; 10 have been vaccination but records are not entered yet. The Chief stated that that’s roughly 90 percent vaccination rate of 2,113 sworn members as of today. As far as non-sworn employees: 31 not vaccinated; 11 partially vaccinated; 16 uploaded information that need corrections; 5 vaccinated but records not entered yet. The Chief stated that the deadline is 11:59 tonight as the health orders mandate. At that time, any employees who are not fully vaccinated will not be allowed to work the field and the administrative process will start. Employees not fully vaccinated will be placed on administrative leave and given due process hearings. If the employee is found not in compliance with the health order and department directives, those employees will be sent to the Commission for a non-disciplinary hearing for release from employment.
Chief Scott reported on crime trends: Part 1 Violent Crime, up 2 percent: Homicide up 13 percent; rape down 14 percent; robbery down 5 percent; assault up 9 percent; human trafficking up 30 percent. Property Crimes, up 5 percent: Burglary down 1 percent; motor vehicle theft down 1 percent; arson up 9 percent; larceny theft up 8 percent. Gun violence up 51 percent. There were 2 shooting incidents for the week ending on 10/10/21; a total of 145 incidents resulting in 172 victims YTD. There was 1 homicide the week ending on 10/10/21; 44 homicides YTD: overall clearance rate of 89 percent.
The Chief talked about an arrest of a homicide suspect who committed a homicide outside of San Francisco but was involved in gun-related incident. Suspect was arrested by the Community Violence Reduction Team in the East Bay. As many as 6 firearms were recovered with the subsequent search warrant, including an assault rifle.
Hate crimes: 99 hate crimes YTD: 56 anti-Asian, 30 of the 56 were committed by one individual who have been arrested; 6 anti-females; 7 anti-Jewish; 10 anti-Black; 1 anti-transgender; 1 anti-White; 5 anti-other related to nationality; 1 anti-Muslim; 11 anti-gays. Community Liaison Unit are deployed to assist those and their family who have been involved in hate crimes.
Gun Seizure: 781 total, 115 ghost guns recovered YTD.
Shootings & Assaults:
Significant Incidents: On October 8th, Mission station officers responded to calls in the area of 25th and South Van Ness Avenue of an aggravated assault by means of a fire. The officers arrived and saw paramedics treating a 43-year old victim. Victim told the officers that he was asleep in sleeping bag on the street, when he awoke the sleeping bag was on fire. Victim suffered injuries to his lower extremities and was transported to the hospital. On Saturday, Oct 9th, victim succumbed to his injuries and cases is deemed a homicide, investigation is ongoing. Two shooting incidents: October 6th, in the Bayview at Watchman and Missouri, officers responded to the hospital regarding a stabbing victim. It was later determined that incident was a shooting and not a stabbing. Video footage recovered. A subject, who was believed to be involved in the incident, returned to the scene of the incident and collapsed at the rear of the vehicle. Investigation is ongoing. On Oct 10th, at 1200 block of Treat in the Mission District, a male victim at Garfield Park was approached by an unknown person and was shot, no arrest made. Shooting today at Golden Gate and Hyde, two victims with gunshot wound and a third victim self-transported to the hospital. All three victims had non-life threatening injuries, two individuals arrested. Series of bank robberies: October 4th, at 1801 Van Ness at Citibank, subject entered the bank, presented a note and threatened to shoot the teller. After viewing the video and handwriting resulted to a possible link of another bank robbery that occurred on October 1st. Arrest made of an individual living on the streets in a tent. Two subjects broke into a parked vehicle 200 block of Embarcadero in the Southern District, victim chase the subject and one subject pulled out a pistol and pointed it at the victim. Victim backed off after he saw the gun. Victim loss over $50,000 worth of camera equipment, investigation is ongoing. Assault at 2500 block of Mason on Oct 7th, security guard ejected subject from lobby for smoking drugs, subject hit the victim multiple times, while subject was on the ground, subject repeatedly kicked him in the face. Video of incident located; investigation ongoing.
Stunt Driving: The Chief reported that there were no stunt driving events. Follow up incident in the City of Pittsburg, vehicle impounded from sideshow that took place on September 18th. The Chief commended the Stunt Driving Response Unit for their work.
District strategies: Tenderloin: Fixed post on Golden Gate, on Larkin to Leavenworth, ongoing deployment modifications in UN Plaza, Jones and Market, increased foot patrol around the clock on Market Street. There was a significant arrest in the Tenderloin by an individual who have been involved in gun violence in the area. He was active in the area with violent crimes. Bayview: Focus on deterring robberies and burglaries with ongoing abatement operations, traffic enforcement on Third Street corridor in addition to foot patrol. The Chief commended Captain Maron for walking the Bayview District on foot; Mission: Increased visibility on the 24th Street corridor during the playoff series between the Giants and Dodgers, fixed post officers on Saturday during the flea market; increased deployment in upper Market and Castro, additional officers on Valencia Street on Thursday to Sunday nights.
Major Events: Giants playing on Thursday, officers inside and outside the venue. Chase Center live events on the 16th and 20th, Warriors are playing on the 15th. No domestic terrorism to report.
PUBLIC COMMENT
John Jones gave a shout out to Sheriff of LA County regarding the vaccine.
Ms. Paulette Brown spoke of her son, Aubrey Abrakasa, who was murdered August 2006 and she spoke of how his case is still not solved and would like to know what else can be done to help solve the homicides.
DPA Director’s Report
- Report on recent DPA activities, and announcement
Director Henderson reported: 12 new cases in the past week: 14 percent behaved or spoke in a manner unbecoming an officer; 14 percent failed to take required action; 9 percent matters outside of DPA jurisdiction; 9 percent misrepresented the truth; 9 percent used excessive force; 5 percent arrested an individual without cause; 5 percent failed to comply with DGO 5.07, Rights of Onlookers. 619 cases opened; 695 cases closed; 284 pending; 39 sustained; 22 past 270-day; 33 cases mediated. Vaccination: 100 percent compliance.
Director Henderson gave a brief update on upcoming 8.10 audit and some of the changes that was made.
Outreach: Can be found on community calendar on the DPA’s website and posted on Tweeter, Facebook, Instagram and on DHR’s website. Worked with LGBTQ organization and senior centers about mission of DPA.
PUBLIC COMMENT
None
Commission Reports
- Commission President’s Report
- Commissioners’ Reports
- Commission announcements and scheduling of items identified for consideration at future Commission Meetings.
Commissioner Yee thanked the Chief and the Department for their work this weekend including the Parade, the Giants game, Fleet week, and the Warriors game.
Commissioner Hamasaki would like to continue discussion regarding working groups.
Commissioner Byrne stated that he spoke with Commissioner Cohen and asked to calendar in November a report on the state of policing in the Tenderloin including but not limited to the continuing open market drug dealing. He stated that he will be meeting with the Chief in November in anticipation of the agenda item.
Commissioner Elias reported that DGO 3.01 is received back from CalDOJ with their comments. At this point the Department and DPA will be meeting to discuss the recommendations from CalDOJ and Hillard Heintze and then after or during the meeting, then she will have a discussion with the Chief about 3.01 so that it can be finalized before the Commission, hopefully in November.
Commissioner Cohen reported that she had reached out to Assemblyman Reggie Jones Sawyer, assemblyman for Southern California, chair of the Public Safety Committee, to speak with the Commission about the work that he is doing legislatively.
Commissioner Cohen also talked about inviting the SFPOA President to talk and share with the Commission their thoughts and whatever they are working on. She’s also interested in talking to San Jose POA and Oakland POA.
Commissioner Cohen discussed Mission Local’s article that ran on October 7th regarding the lack of transparency, closed doors, and inaccurate announcements from the Department. Commissioner Cohen stated that transparency, openness, and full disclosure is critical to building and maintaining public support for any policy decision that is made. She stated that it is important to involve key stakeholders in the development of policies which includes the DPA, the POA, the SFPD, public commenters, the lawyers that listen to the Commission meetings. Commissioner Cohen stated that, to ensure public confidence, that policy changes presented to the Commission are true, have been spell checked, has correct grammar, that is factually sound, we say we’re meeting, we need to make sure we are meeting and that we are doing what we say we are doing. Commissioner Cohen suggested including a public agenda item entitled “Proposed Policies” which would include draft documents along with the description of the outreach, address the review process that was included in the preparation of the policy documents. These could be included in the meeting packets as well. This item will help ensure that stakeholders and the public are kept in the loop which will keep Commissioners in the loop.
Commissioner Elias suggested that the Commission staff post on the 30-day correspondence the policy schedule for the public to be informed.
PUBLIC COMMENT
John Jones suggested that the Commission have a discussion on open air markets which appear to sell shoplifted items around the area of 24th Street Bart Station.
DISCUSSION AND POSSIBLE ACTION TO AUTHORIZE THE CHIEF OF POLICE TO ACCEPT AND EXPEND A GRANT IN THE AMOUNT OF $24,975 FROM THE DEPARTMENT OF HOMELAND SECURITY FEDERAL EMERGENCY MANAGEMENT AGENCY (DHS/FEMA) TO INSTALL NEW AUTOMATIC IDENTIFICATION SYSTEMS ON THREE (3) PATROL/RESPONSE VESSELS TO ENSURE CONTINUED INTEROPERABILITY WITH THE US COAST GUARD ENCRYPTION SYSTEMS
Chief Scott talked about the Department’s partnership with the US Coast Guards.
Director Patrick Leung presented the grant.
PUBLIC COMMENT
None
Motion by Commissioner Byrne, second by Commissioner Elias. Approved 5-0.
AYES: Commissioners Hamasaki, Yee, Byrne, Elias, Cohen
RESOLUTION NO. 21-84
APPROVAL TO AUTHORIZE THE CHIEF OF POLICE TO ACCEPT AND EXPEND A GRANT IN THE AMOUNT OF $24,975 FROM THE DEPARTMENT OF HOMELAND SECURITY FEDERAL EMERGENCY MANAGEMENT AGENCY (DHS/FEMA) TO INSTALL NEW AUTOMATIC IDENTIFICATION SYSTEMS ON THREE (3) PATROL/RESPONSE VESSELS TO ENSURE CONTINUED INTEROPERABILITY WITH THE U.S. COAST GUARD ENCRYPTION SYSTEMS
RESOLVED, that the Police Commission hereby approves to authorize the Chief of Police to accept and expend a grant in the amount of $24,975 from the Department of Homeland Security Federal Emergency Management Agency (DHS/FEMA) to install new Automatic Identification Systems on three (3) Patrol/Response Vessels to ensure continued interoperability with the US Coast Guard encryption systems.
AYES: Commissioners Cohen, Elias, Hamasaki, Yee, Byrne
PUBLIC COMMENT ON ALL MATTERS PERTAINING TO CLOSED SESSION
None
VOTE ON WHETHER TO HOLD CLOSED SESSION
Motion by Commissioner Elias, second by Commissioner Byrne, to go into Closed Session. Approved 5-0.
AYES: Commissioners Hamasaki, Yee, Byrne, Elias, Cohen
CLOSED SESSION (7:14 p.m. – 7:26 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 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, Elias, Hamasaki, Yee, Byrne, Chief Scott, Deputy City Attorney Cabrera, 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 sustain, reduce, or reject suspension imposed, or take other action if necessary, following Appeal of the Chief’s Suspension filed in case No. IAD 2019-0255
(Present: Commissioners Cohen, Elias, Hamasaki, Yee, Byrne, Chief Scott, Deputy City Attorney Cabrera, Deputy City Attorney Porianda, Sergeant Youngblood, Sergeant Reynolds, Risa Tom)
Taken off calendar to be scheduled for a later date.
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, Hamasaki, Byrne, Yee, Chief Scott, Deputy City Attorney Porianda, Sergeant Youngblood, Sergeant Reynolds, Risa Tom)
Open Session (7:26 p.m.)
VOTE TO ELECT WHETHER TO DISCLOSE ANY OR ALL DISCUSSIONS HELD IN CLOSED SESSION
Motion by Commissioner Byrne, second by Commissioner Elias, for non-disclosure. Approved 5-0.
AYES: Commissioner Hamasaki, Yee, Byrne, Elias, Cohen
PUBLIC COMMENT
None
ADJOURNMENT
Thereafter, the meeting was adjourned at 7:27 p.m.
