Police Commission - March 2, 2022 - Minutes

Meeting Date:

March 2, 2022 - 5:30pm

Location:

Related Meeting Content:

Agenda Supporting Documents

MARCH 2, 2022 REMOTE MEETING VIA VIDEOCONFERENCE

The Police Commission of the City and County of San Francisco met via videoconference at 5:40 p.m.

PRESENT: Commissioners Cohen, Elias, Byrne, Yee, Carter-Oberstone, Yanez, Hamasaki

Commission Reports

- Commission President’s Report

(Taken out of order)

Commissioner Cohen announced her resignation from the Police Commission for her candidacy for California State Controller’s Office.

Commissioner Elias stated that it is a very sad day but also a happy day and commended Commissioner Cohen for her work with the 96A Report. She thanked Commissioner Cohen for her mentorship and her friendship, and her guidance.

Chief Scott thanked Commissioner Cohen and how their work together started even before he was appointed. The Chief commended Commissioner Cohen for her work with data and talked about her support for police reform as a supervisor and as a commissioner.

Commissioner Cohen acknowledged former Commissioners Julius Turman, Suzy Loftus, Tippy Mazzucco, Bill Ong-Hing, and spoke of the callers who gave feedback on reform.

Director Henderson commended Commissioner Cohen on her work with the community especially community of color. He went on to thanked her for her leadership in the 96A report and for her help with the expansion of the Department of Police Accountability.

Commissioner Yee thanked Commissioner Cohen for her leadership and guidance. He went on to talk about working with her father.

Commissioner Cohen thanked the Commission staff.

PUBLIC COMMENT

None

GENERAL PUBLIC COMMENT

Wesley Saver, Glide, called for ending pre-text stops in San Francisco and spoke of how reforms are moving too slowly.

CONSENT CALENDAR

- SFPD/DPA 4^th Quarter 2021 Document Protocol Report

Motion by Commissioner Elias, second by Commissioner Yee. Approved 7-0.

AYES: Commissioners Yanez, Carter-Oberstone, Yee, Byrne, Hamasaki, Elias, Cohen

PUBLIC COMMENT

None

Chief’s Report

- Weekly crime trends

- Major/Significant Incidents

Chief Scott reported on crime trends YTD: Violent Crime down 7 percent; homicide down 14 percent; rape up 25 percent; robbery down 16 percent; assault up 3 percent; human trafficking 78 percent. Property Crimes up .5 percent; burglary down 44 percent; motor vehicle theft up 6 percent; arson down 22 percent; larceny theft up 19 percent. Gun violence is down 46 percent compared to 2021; 4 shooting incidents for the week ending on 2/27/22; total 26 incidents resulting in 28 victims YTD. No homicide for the week ending 2/27/22; there are a total of 6 homicides YTD.

Gun Seizure: 145 seized

Hate crimes: 7 YTD, 3 against AAPI, 1 against Black, 1 against Trans, 2 against LGBTQ

Significant Incidents: The Chief spoke of a homicide in the Tenderloin that occurred outside the reporting period where an individual was stabbed by someone riding a bicycle; victim did not survive; investigation is ongoing. Four Shootings: February 22^nd at Felton and Hyde in the Tenderloin, victim was a street cleaner where he asked a subject to move; subject then shot the victim; victim was transported with non-life threatening injuries; February 23^rd, 7^th and Minna, victim was shot in the hand; no witnesses; investigation is ongoing; February 24^th, 23^rd and Mission, victim felt a sharp pain; walked to SFGH and advised that there was a shooting that occurred over an hour ago; investigation is ongoing; February 25^th, 3^rd and Oakdale, suspect involved in a minor traffic collision with another vehicle at the intersection, when driver of the hit vehicle was taking photos, suspect started yelling and assault people at the scene; suspect drove off and returned with a pistol and shot at the crowd; one person was struck; suspect left the scene and was spotted by Mission patrol unit who initiated a pursuit back into the Bayview; suspect was involved in a second collision and then was taken into custody. The Chief spoke of an incident at Ocean Beach where a victim was struck in the face with a can; arrest made; victim transported to the hospital. There was also a barricaded subject in the Tenderloin on February 27^th. The subject used a claw hammer to open an adjoining wall from inside the apartment; subject threw the hammer striking the neighbor on the leg; officers arrived but suspect refused to open the door; hostage negotiator was called; investigation is ongoing.

Strategies: Central, focus on enforcement around car break-ins in the area of Union Square, Market Street, Powell, Chinatown, Pier 39, Fisherman’s Wharf and along Lombard Street; Park, focus in the Haight Street corridor, Twin Peaks area, Clarendon area for deployment and visibility; Richmond, focus on burglaries in commercial corridors, same strategies with addition of bike officers in the Golden Gate Park, Legion of Honor.

The Chief reported of information that he just received regarding a sanction by a Judge in the Decari Spiers civil case. The Chief stated he just received the information and does not have anything to report. He reached out to the City Attorney’s Office and will have more to report at a later time.

Commissioner Byrne asked about a young lady who overdosed in the Southern District. The Chief stated that the young lady was 16-year old and that Narcan was deployed and that at this point the investigation is a suspicious death.

Commissioner Yee thanked the Chief and spoke of the 274^th Academy Class Graduation. He also thanked the Chief for his support of a recent promotional event at Chinatown to celebrate the promotions of two commanders and two captains.

Commissioner Carter-Oberstone asked about the Decari Spiers case who was the victim beaten by Officer Stangel. He read the sanction upon the Department and stated that this is very serious. The Chief stated that he was notified by the City Attorney at 3 p.m. this afternoon and that he has not read the order.

Commissioner Carter-Oberstone also asked about an article on the Chronicle and comment made by SFPD Media Director Matt Dorsey. This item will be place on the agenda for future discussion.

Commissioner Yanez thanked Commissioner Cohen for her leadership. He went on to ask about a letter from Supervisor Ronen’s office regarding decreases in percentage of arrests and decreases in clearance rates on burglaries. Chief Scott stated that he spoke to the supervisor directly and that this item has been agendized to be presented before the Commission on April 6^th.

Commissioner Hamasaki asked about the sanction regarding withholding evidence. The Chief stated that he just had a discussion with the city attorney to try and understand what happen but that he cannot answer the question tonight but will get the answer.

Diana Rosenstein spoke of the incident on Ocean Beach and stated that the victim is a close friend of hers and commended the officers who handled the case.

PUBLIC COMMENT

Francisco Dacosta spoke of the Commissioners being civil to the Chief and spoke of how some commissioners make comments on tweeter. He spoke of the shortage on staffing and how the commissioners are not taking this into consideration.

DPA Director’s Report

- Report on recent DPA activities, and announcement

- Presentation of the December 2021 Monthly Statistical Report

Director Henderson reported: In the year 2022: 98 cases opened; 107 closed; 262 pending; 7 cases sustained; 33 cases past 270-day; 1 case mediated. Cases received in the past week: 30 new cases; 5 liked a racist tweet from an official dept. email, improper parking; 5 failed to investigate report of stealing and abuse, persistent crime, and drug related activities, officer yelled at homeless person; 5 failed to investigate into rape incident and referral cases; 4 failed to investigate violation of restraining order, parking ticket, improper driving; 3 slow response time for call for service, failing to investigate organized crime; 2 used rape kit to arrest victim; 2 yelled at complainant; 2 inaccurate report; 1 excessive force; 1 spoke sarcastically.

Outreach: Can be found on community calendar on the DPA’s website and posted on Tweeter, Facebook, Instagram and on DHR’s website: Staff attending the Police Academy to address newly appointed sergeants to talk about DPA; February 28^th, DPA had Black History Month celebration honorees were DJ Brookter, Yulanda Williams, and Yolanda Jackson from SF Bar. He thanked Commissioners Cohen and Elias for attending the celebration.

PUBLIC COMMENT

None

Commission Reports continued:

- Commissioners’ Reports

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

Commissioner Carter-Oberstone would like the traffic DGO agendized for the first meeting in April for discussion and possible action to curtail pretext traffic stops.

Commissioner Yanez commended DPA on how they engage with the community and spoke of the Know Your Rights campaign.

Commissioner Yee spoke of meeting with Supervisor Mar, along with Commissioner Byrne, regarding implementation of a community policing plan.

PUBLIC COMMENT

None

PRESENTATION OF THE DEPARTMENT’S COLLECTION AND ANALYSIS OF SEXUAL ASSAULT KIT EVIDENCE AND REPORTING OF RESULTS TO SEXUAL ASSAULT VICTIMS REPORT, PER COMMISSION RESOLUTION 16-28, ADOPTED APRIL 20, 2016

Captain Sean Perdomo presented the Department’s Collection and Analysis of Sexual Assault Kit Evidence and Reporting of Results to sexual Assault Victims Report.

PUBLIC COMMENT

None

UPDATE RE CRIME LAB’S DNA DATABASE; SFPD WILL PRESENT ON THE CRIME LAB’S USE OF THE QUALITY ASSURANCE DATABASE THAT IS MEANT TO IDENTIFY POTENTIAL CONTAMINATION OF EVIDENCE. AS PART OF AN OVERALL QUALITY ASSURANCE PROGRAM, FORENSIC DNA LABORATORIES USE THIS APPROACH FOR MONITORING DNA CONTAMINATION. SFPD WILL ALSO PRESENT ON THE DEPARTMENT’S USE OF THE COMBINED DNA INDEX SYSTEM (CODIS), THE FEDERAL DATABASE

Chief Scott presented the update regarding the Crime Lab’s DNA Database.

Commissioner Elias asked that the audit and the safeguards implemented be forwarded to the Commission.

PUBLIC COMMENT

Francisco Dacosta commended Director Mark Powell for his work and stated that the Chief has explained the issue and spoke of how some commissioners are rude and lack decency.

PRESENTATION OF 3^rd QUARTER 2021 DISCIPLINARY REVIEW BOARD FINDINGS & RECOMMENDATIONS

Deputy Chief Rob O’Sullivan and Acting Chief of Staff Diana Rosenstein presented the 3^rd Quarter 2021 Disciplinary Review Board Findings and Recommendations.

PUBLIC COMMENT

None

UPDATE REGARDING DGO 5.15, ENFORCEMENT OF IMMIGRATION LAWS 2021 ANNUAL REPORT

Captain Mark Cota, Risk Management, presented the update regarding DGO 5.15, Enforcement of Immigration Laws 2021 Annual Report.

PUBLIC COMMENT

None

UPDATE RE CENTRAL STATION TWEET INCIDENT; CENTRAL STATION TWITTER ACCOUNT “LIKED” A TWEET REGRDING A “FLOYDIES-NFT.” WHILE SFPD MAY NOT COMMENT ON THE SPECIFIC INVESTIGATION AS IT IS ONGOING, THE DEPARTMENT WILL DISCUSS THE APPLICABLE POLICIES AND PROCEDURES GOVERNING THE USE OF DEPARTMENT SOCIAL MEDIA ACCOUNTS

Chief Scott presented the update regarding Central Station tweet incident. The Chief stated that there are two investigations on this matter, one from DPA and one from Internal Affairs. The Chief then talked about the Department’s Social Media Policy.

PUBLIC COMMENT

Susan Buckman, Wealth & Disparities, spoke of how this scandal will be swept under the rug and forgotten and how this is a problem with the culture of the entire police department.

PUBLIC COMMENT ON ALL MATTERS PERTAINING TO CLOSED SESSION

None

VOTE ON WHETHER TO HOLD CLOSED SESSION

Motion by Commissioner Yee, second by Commissioner Elias. Approved 7-0.

CLOSED SESSION (10:02 p.m. – 11:11 p.m.)

Pursuant to Government Code Section 54957(b)(1) and SF Administrative Code Section 67.10(b) and Penal Code Section 832.7:

PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Chief of Police

Review of findings and Chief’s decision to return or not return officer to duty following officer-involved shooting (OIS 22-001)

(PRESENT: Commissioners Cohen, Elias, Hamasaki, Yee, Byrne, Carter-Oberstone, Yanez, Chief Scott, Deputy Chief O’Sullivan, Deputy City Attorney Cabrera, Deputy City Attorney Porianda, Sergeant Youngblood, Sergeant Reynolds, Risa Tom, Sgt. Cristina Franco)