The Police Commission of the City and County of San Francisco met at City Hall Room 400, at #1 Dr. Carlton B. Goodlett Place at 5:39 p.m.

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

(Commissioner Hamasaki arrived at 6:06 p.m.  Commissioner Hamasaki was excused at 8:15 p.m.)

GENERAL PUBLIC COMMENT

                Mary a mother of a child that was murdered in San Francisco.  She spoke of being upset because of accountability in San Francisco.  She spoke of talking to an investigator in Homicide and that her child will be on que for cold case investigation.  The Chief stated that the case is being pulled and will contact her for an update.

                Susan Buckman, Wealth & Disparities, read a quote from their founder Phylicia Jones regarding racial profiling by SFPD during traffic stops.

                Kit Hodge, Wealth & Disparities, read a quote from their founder Phylicia Jones regarding racial profiling by SFPD during traffic stops.

                David Aaronson, Wealth & Disparities, read a quote from their founder Phylicia Jones regarding racial profiling by SFPD during traffic stops.

                Jean Bridges, Wealth & Disparities, read a quote from their founder Phylicia Jones regarding racial profiling by SFPD during traffic stops.               

ADOPTION OF MINUTES

-              For the meetings of February 2, 9, 16, 2022

-              For the meetings of March 2, 9, 16, 2022

                Motion by Commissioner Yee, second Commissioner Carter-Oberstone.  Ayes 5-0.

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

PUBLIC COMMENT

                None

CONSENT CALENDAR

-              Request for approval to accept gift of $50 gift card to be donated to the Cooperative Restraining Order Clinic

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

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

PUBLIC COMMENT

                None               

Chief’s Report

-              Weekly crime trends

-              Major/Significant Incidents

                Chief Scott reported on crime trends YTD:  Violent Crime up 1 percent; homicide up 20 percent; rape up 14 percent; robbery down 5 percent; assault up 7 percent; human trafficking down 55 percent.  Property Crimes up 10 percent; burglary down 34 percent; motor vehicle theft up 5 percent; arson down 20 percent; larceny theft up 28 percent.  Gun violence is down 22 percent compared to 2021; 6 shooting incidents for the week ending on 4/3/22;  total 44 incidents resulting in 52 victims YTD.  Two homicides for the week ending 4/3/22;  there are a total of 12 homicides YTD.

                Significant Incidents:   The Chief reported on three homicides:  3^rd and Palou in the Bayview, victim standing on corner when vehicle passed by and a short time later a subject came around the corner and pointed handgun and fatally shot the victim.  No arrest at this time, investigation is ongoing; 600 block of Brunswick in the Ingleside, shooting at Alice Chalmers Playground involving a vehicle who circled back a returned, subject got out of his car and started shooting, 4 victims shot, 2 did into survive.  No arrest, investigation is ongoing.  Four other shootings occurred:  24^th and Mission, victim went to the hospital and medical personnel advised that the shooting was at least six days old based on the wound.  Investigation is ongoing.  Hunter’s Point shooting, investigation is ongoing.  Armstrong and Ingalls in the Bayview.  500 block of Rumsfeld in the Taraval there was an accidental discharge.

                Strategies:  The Chief talked about strategies with gun violence.  Working with interventions, increased number of interventions, 22 interventions YTD,  added a lieutenant and reassigned personnel for public safety meetings.

                Upcoming events:  Cesar Chavez Parade & Festival on Saturday, starting at 10 a.m. with the parade starting at 11 a.m.

PUBLIC COMMENT         

                Ms. Paulette Brown stated that today is her son’s birthday.  She asked for justice for her son and stated of speaking with supervisors regarding getting posters in the district stations and in Muni buses.  She stated that her son died at 16.  She showed names of perpetrators who murdered her son.  She asked for justice for her son.   

DPA Director’s Report

-              Report on recent DPA activities, and announcement

-              Presentation of the January and February 2022 Monthly Statistical Reports

                Chief of Staff Sarah Hawkins reported:  In the year 2022:   159 cases opened; 170  closed; 265 pending; 9 cases sustained; 28 cases past 270-day; 3 cases mediated.  Cases received in the past week:  37; 7 cases officers violated smoking ordinance, threatened a person, and failed to properly park vehicle; 3 failed to tell a person about vehicle storage fees for recovered stolen vehicles; 5 assaulted and conducted an illegal search; 7 improperly parking a vehicle, forcefully removed and used force to remove a person from a store; 2  failed to provide a copy of an incident report; 1 failed to properly investigate an assault; 2 disrespectful comments and refused to take a complaint; 4 failed to respond to a report of a person slumped over in a vehicle; 1 relayed private information about a person; 3 referred to other agencies; 2 wrongfully arrested a person.

                Chief of Staff Sarah Hawkins then presented the January and February 2022 Monthly Statistical reports.

                Audit:  Notice sent out on April 5^th that DPA will be beginning its DGO 8.10 audit for calendar  year 2021.

                Outreach:  Can be found on  community calendar on the DPA’s website and posted on Tweeter, Facebook, Instagram and on DHR’s website:  March 24^th, hosted a virtual Community Informational Spotlight with PFLAG, an organization that promotes the health and well-being of LGBTQ+ persons in San Francisco.

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 Elias would like to agendize protocols for family members of victims of homicide and what services and contacts are provided to the family.  She also asked update on CPE and how it is working in terms of shootings and homicides and what services are provided.

                Commissioner Byrne stated that he is arranging an evening in the Tenderloin and is working with Captain Canning.               

                Commissioner Carter-Oberstone reported that he has been meeting with Chief Scott, his staff, and Janelle Caywood to discuss the traffic stop DGO and will be tentatively agendized for the first meeting in May.

                Commissioner Yanez thanked Director Oliva-Aroche who invited him in the upcoming Sojourn Trip.  He also would like to agendize the letter from Supervisor Ronen and the Chief’s response to the letter for the 20^th if possible.

PUBLIC COMMENT

                None

PRESENTATION FO THE INTERNAL AFFAIRS DIVISION QUARTERLY REPORTS, 3^RD & 4^TH QUARTER 2021

                Commander Paul Yep, Risk Management, presented the 3^rd & 4^th Quarter 2021 IAD Division quarterly report.

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 REARDS TO TEM 11(B)

                Motion by Commissioner Byrne, second by Commissioner Hamasaki.  Approved 6-0.

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

CLOSED SESSION (6:53 p.m. – 9:12 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 and possible action to decide penalty on sustained specifications on disciplinary charges filed in Case Nos. DPA 42798 A & B (DISCUSSION & POSSIBLE ACTION)

(Present:  Commissioners Elias, Hamasaki, Yee, Byrne, Carter-Oberstone, Chief Scott, Assistant Chief Moser, Deputy City Attorney Porianda, Sgt. Youngblood, Sgt. Reynolds, Risa Tom, Chief of Staff Hawkins, Attorney Rosenstein, Investigator Carpenter, Attorney Berry-Wilkinson, members involved)  Commissioner Yanez is recused.

(These proceedings were taken in shorthand form by Ms. Rebecca Tover, CSR., Behmke Reporting & 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 decide guilt and penalty, if needed, or take other action, if necessary, on disciplinary charges filed in Case No. DPA 0248-18 (DISCUSSION & POSSIBLE ACTION)

(Present:  Commissioners Elias, Hamasaki, Yee, Byrne, Carter-Oberstone, Chief Scott, Assistant Chief Moser, Deputy City Attorney Porianda, Sgt. Youngblood, Sgt. Reynolds, Risa Tom, Attorney Rosenstein, Attorney Fox, member involved) Put over to April 20^th.

(These proceedings were taken in shorthand form by Ms. Rebecca Tover, CSR., Behmke Reporting & 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 settlement agreement filed in Case No. IAD 2019-0201, or take other action, if necessary Put over to 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:

Assignment of a Commissioner for the taking of evidence on non-disciplinary charges filed in Case No. IAD 2021-0273 (ACTION)

(Present:  Commissioners Elias, Yee, Byrne, Carter-Oberstone, Yanez, Chief Scott, Assistant Chief Moser, Deputy City Attorney Porianda, Sgt. Youngblood, Sgt. 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 take off calendar the following cases:

-              Non-disciplinary Case No. IAD 2021-0205 (Resignation effective 03/05/22)

-              Non-disciplinary Case No.  IAD 2021-0335 (Resignation effective 03/14/22)

(Present:  Commissioners Elias, Yee, Byrne, Carter-Oberstone, Yanez, Chief Scott, Assistant Chief Moser, Deputy City Attorney Porianda, Sgt. Youngblood, Sgt. 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:

Status and calendaring of pending disciplinary cases (ACTION)

(Present:  Commissioners Elias, Yee, Byrne, Carter-Oberstone, Yanez, Chief Scott, Assistant Chief Moser, Deputy City Attorney Porianda, Sgt. Youngblood, Sgt. Reynolds, Risa Tom)

Pursuant to Government code Section 54957(b)(1) and San Francisco 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 an in-custody death (ICD 22-001)

(Present:  Commissioners Elias, Yee, Byrne, Carter-Oberstone, Yanez, Chief Scott, Assistant Chief Moser, Deputy City Attorney Cabrera, Sgt. Youngblood, Sgt. Reynolds, Risa Tom, Sgt. Tacchini, Sgt. Oropeza)

CONFERENCE WITH LEGAL COUNSEL – Existing Litigation.  Pursuant to Government Code Section 54956.9(d)(1) and San Francisco Administrative Code Section 67.10(d)(1): 

Arthur Higgins, et al. v. City and County of San Francisco, et al., United States District Court Case no. 20-CV-06129-CRB, filed August 31, 2020

(Present:  Commissioners Elias, Yee, Byrne, Carter-Oberstone, Yanez, Chief Scott, Assistant Chief Moser, Deputy City Attorney Cabrera, Sgt. Youngblood, Sgt. Reynolds, Risa Tom)

OPEN SESSION (9:08 p.m.)

PRESENTATION REGARDING THE SFPD’S CRIME LAB QUALITY ASSURANCE DATABASE

                Director Mark Powell presented the Crime Lab Quality Assurance Database.

PUBLIC COMMENT

                None

VOTE TO ELECT WHETHER TO DISCLOSE ANY OR ALL DISCUSSION IN CLOSED SESSION

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

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

PUBLIC COMMENT

                None

ADJOURNMENT 

Thereafter, the meeting was adjourned at 9:12 p.m.