Police Commission - October 20, 2021 - Minutes
OCTOBER 20 2021 REMOTE MEETING VIA VIDEOCONFERENCE
The Police Commission of the City and County of San Francisco met via videoconference at 5:48 p.m.
PRESENT: Commissioners Cohen, Elias, Yee, Byrne, Hamasaki
(Commissioner Hamasaki joined the meeting at 6:45 p.m.)
GENERAL PUBLIC COMMENT
David Aaronson, Wealth & Disparities, spoke in regard to presentation by SFPD regarding the CRI update and recommended routine traffic stop enforcements be eliminated.
Kit Hodge, Wealth & Disparities, spoke in regard to CRI update presentation. She spoke of DOJ deadlines not met by SFPD and spoke of anti-Black disparities in arrests, traffic stops, and use of force.
Susan Buckman, Wealth & Disparities, spoke in regard to Mission Local article in regard to lack of communication with working groups and lack of transparency by the SFPD.
Ms. Paulette Brown spoke in regard to her son Aubrey Abrakasa who was murdered and how his case is still unsolved and hopes that someday she will have a day in court to confront the perpetrators in her son’s homicide.
ADOPTION OF MINUTES
- For the meeting of October 6, 2021
Motion by Commissioner Elias, second by Commissioner Yee Approved 4-0.
AYES: Commissioners Byrne, Yee, Elias, Cohen
ABSENT: Commissioner Hamasaki
PUBLIC COMMENT
None
CONSENT CALENDAR
- Police Commission Report of Disciplinary Actions, 3rd Quarter 2021
- SFPD Monthly SB 1421 Report
- DPA Monthly SB 1421 Report
Motion by Commissioner Cohen, second by Commissioner Byrne. Approved 4-0.
AYES: Commissioners Byrne, Yee, Elias, Cohen
ABSENT: Commissioner Hamasaki
PUBLIC COMMENT
None
Chief’s Report
- Weekly crime trends
- Major/Significant Incidents
The Chief gave an update on vaccination mandate status: total 126 employee who are not vaccinated; 25 are non-sworn; 101 are sworn of which 51 are on some type of medical leave, FMLA, military etc., 2 medical exemptions approved, out of the 101 sworn, there are 40 active sworn members who are unvaccinated. Officers will be given their due process. They are on administrative leave and those will be sent to the Commission for non-disciplinary hearing.
Chief Scott reported on crime trends: Part 1 Violent Crime, up 1 percent: Homicide up 7 percent; rape down 13 percent; robbery down 4 percent; assault up 8 percent; human trafficking up 35 percent. Property Crimes, up 5 percent: Burglary down 1 percent; motor vehicle theft down 1 percent; arson up 10 percent; larceny theft up 10 percent. Gun violence up 41 percent. There were 2 shooting incidents for the week ending on 10/17/21; a total of 147 incidents resulting in 176 victims YTD. There are no homicides the week ending on 10/17/21; 44 homicides YTD with 33 resulting from a firearm: overall clearance rate of 89 percent.
Gun Seizure: 115 ghost guns recovered YTD.
Significant Incidents: Two shootings: Central District at Golden Gate and Hyde, officers located two victims with gunshot wounds and a third victim who self-transported to the hospital. Victims had non-life-threatening injuries. There was video of the incident and two people were arrested and the investigation is still ongoing; Golden Gate and Market in the Tenderloin, victim is 29 year-old male and 60 year-old female was standing in the area when they were struck by gunshot by unknown person. Preliminary investigation revealed that the male victim was involved in some type of altercation with the potential suspect prior to the shooting. The two victims were transported to the hospital and a no-bail felony warrant from an unrelated incident was discovered and that suspect is now in the hospital from this incident and is in-custody in the hospital. At Larkin and Grove Street in the Tenderloin there was a 911 call of two men placing an assault rifle in the trunk of a parked car. Caller provided a description of the two men and their direction of travel. The officers located the vehicle and discovered that it was stolen. The two suspects were located at Mason and Turk, after a brief foot chase, suspects were detained. Officers recovered an AR 15 magazine loaded with ammunition and an AR 15 ghost gun rifle. There was an assault at Everett High School, two students got into an argument and eventually assaulted one another. The female student’s brother confronted the victim at the school and left. At the school’s dismissal, the female student signaled two other subjects to look for the victim. One witness saw a suspect point a handgun at a student and that they also saw an outline of a handgun in the pocket of the suspect. The school staff have requested officer on fixed post for the remainder of the week. An Assault at Columbus in the Central District, subject, a 71 year-old female, was hit in the face with no provocation; no arrest made. A burglary series of three marijuana dispensaries in the Bayview, video footage revealed that crime was committed by the same group of people; no arrest made and investigation is ongoing.
Stunt Driving: The Chief reported that there were no stunt driving events. There was a traffic fatality on McAllister and Van Ness where a Muni was traveling on McAlister on Van Ness when they saw a female throwing construction items on the street. The Muni driver stopped at the bus stop when the woman started banging on the door of the bus with a traffic safety cone. The driver pulled out into traffic and continued a short distance to avoid contact with the woman. The driver then saw the woman lay down on the street. The driver got out of the bus, walked out to the woman, and placed safety traffic cones from the construction site around the woman to warn drivers of the hazard of her laying on the street. A short time after the cones were placed, a silver SUV turned onto McAlister and sadly ran over the woman. The Muni driver was able to get a partial plate of the vehicle which did not stop. The victim was transported but later died from her injuries; investigation is ongoing.
District strategies: Tenderloin: Enhanced deployment have seen reduction in car break-ins particularly in areas where the majority of the officers on tourism deployment are working. With the joint effort and ongoing investigation on narcotics dealing, a series of warrants on mid-level dealers, a significant amount of heroin, cocaine, and Fentanyl were recovered along with a significant amount of cash, 19 arrests, felony charges will be felony indictments; investigation is ongoing. Taraval: Started a Taraval Business Corridor Project where officers are assigned to business corridors to engage with merchants and residents about their concerns, maintain a visible presence to decrease crime. This will be a 3-month project.
PUBLIC COMMENT
None
DPA Director’s Report
- Report on recent DPA activities, and announcement
Director Henderson reported: 16 new cases in the past week: 38 percent behaved or spoke inappropriately; 13 percent made and arrest without cause; 13 percent engaged in inequal treatment; 13 percent detained a complainant without reasonable suspicion; 13 percent conducted an improper search or seizure; 13 percent failed to take required action; 6 percent failed to mirandize. 637 cases opened; 723 closed; 273 pending; 39 sustained; 23 past 270-day; 33 mediated.
Audits: Current audit of the Department on how they handle officer’s misconduct is in the survey phase where the auditors conduce information gathering to obtain an overview of operations practices and policies. The audit is performed not only by the staff of DPA but also the Office of the Controller’s City Services Auditor Division.
Outreach: Can be found on community calendar on the DPA’s website and posted on Tweeter, Facebook, Instagram and on DHR’s website. Delivered “Know Your Rights” brochures, in multiple languages, through the main library on Larkin Street.
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 Cohen reported that the scheduling of Reggie Jones Sawyer, Chair of Public Safety, is in process, also the scheduling of Tony Montoya, POA President, is also in process.
Commissioner Elias reported that she is still in process of figuring out how to handle discipline cases with respect to vaccinations.
Commissioner Elias asked to agendized the following: She asked the Department to present to the Commission as to what the Department is doing to maintain and booze morale with respect to the officers within the organization to raise officers’ morale; how the Department is getting officers to buy in to the reform efforts, and the organizational changes the Department is currently going through; how is the command staff and management supporting officers, specifically the rank and file, to ensure that they are provided with resources and support that they need. She also asked the Department give an update on the Sparks report and address the misinformation that was presented in the report. She would like the Department to respond to questions that the community raised during public comment; What is the Department doing to ensure accuracy of these reports moving forward; what is department is doing to ensure that the working groups are collaborative and inclusive, specifically why or if DPA is being excluded from these working groups and what the Department is doing how are individuals selected to get in working groups and why there is a sense of excluding individuals and how is the Department keeping these working group members informed and updated.
Commissioner Byrne reported that he and Commissioner Yee have a tentative date to meet with Chief Scott concerning the Tenderloin and changes in Tenderloin.
PUBLIC COMMENT
Jennifer Waggoner, League of Women Voters in SF, would like to talk to Commissioner Cohen and Commissioner Elias.
PRESENTATION OF THE MONTHLY COLLABORATIVE REFORM INITIATIVE (“CRI”) UPDATE
A/Captain Eric Altorfer presented the CRI update.
For this reporting period:
54 recommendations moved to substantial compliance
0 Hillard Heintze External Review
6 California DOJ External Review
Current Status:
Use of Force category – 51 in substantial compliance, 88 percent
Bias category – 47 in substantial compliance, 87 percent
Community Policing category – 54 in substantial compliance, 90 percent
Accountability category - 61 in substantial compliance, 90 percent
Recruitment category – 32 in substantial compliance, 100 percent
Commissioner Cohen asked when can the Commission expect the final report. A/Captain Altorfer stated that it is in draft form.
PUBLIC COMMENT
None
PUBLIC COMMENT ON ALL MATTERS PERTAINING TO CLOSED SESSION
None
VOTE ON WHETHER TO HOLD CLOSED SESSION INCLUDING VOTE ON WHETHER TO ASSERT THE ATTORNEY-CLIENT PRIVILEGE WITH REGARDS TO ITEM 10(a)
Motion by Commissioner Elias, second by Commissioner Byrne, to go into Closed Session. Approved 5-0.
AYES: Commissioners Hamasaki, Yee, Byrne, Elias, Cohen
(The Commission recessed at 7:30 p.m. and reconvened at 7:40 p.m.)
CLOSED SESSION (7:40 p.m. – 9:19 p.m.)
CONFERENCE WITH LEGAL COUNSEL – Existing Litigation. Pursuant to Government Code Section 54956.9(d)(1) and SF Administrative Code Section 67.10(d)(1):
Brendan Mannix v CCSF, SF Superior Court Case No. CGC-18-568967, filed August 16, 2018
Taken off calendar to be agendized 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:
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, Assistant Chief Moser, Deputy City Attorney Porianda, Sergeant Youngblood, Sergeant Reynolds, Risa Tom, Attorney Betz, Ret. Captain Chignell, Attorney Walker, member 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 accept or reject Motion to Dismiss filed in Case No. ALW IAD2015-0357 & 2016-0106, or take other action if necessary
(Present: Commissioners Cohen, Elias, Hamasaki, Yee, Byrne, Chief Scott, Deputy City Attorney Cabrera, Deputy City Attorney Porianda, Sergeant Youngblood, Sergeant Reynolds, Risa Tom, Attorney Worsham, Attorney Dirkes)
(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:
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 (9:19 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, Yee, Byrne, Elias, Cohen
PUBLIC COMMENT
None
ADJOURNMENT
Thereafter, the meeting was adjourned at 9:20 p.m.
