Police Commission - April 18, 2018 - Minutes

Meeting Date: 
April 18, 2018 - 5:30pm
Location: 
City Hall, Room 400
#1 Dr. Carlton B. Goodlett Place
San Francisco, CA
United States

The Police Commission of the City and County of San Francisco met in Room 400, City Hall, #1 Dr. Carlton B. Goodlett Place, San Francisco, at 5:33 p.m.               

PRESENT:  Commissioners Mazzucco, Marshall, DeJesus, Melara, Hirsch

ABSENT:    Commissioner Turman

                Commissioner Mazzucco announced the passing of Lieutenant Chris Martinez.  Commissioner Mazzucco read a short bio about Lt. Martinez and announced that this meeting will be adjourned in memory of Lt. Renota Chris Martinez.               

ADOPTION OF MINUTES

-              Meeting of February 21, 2018

                Motion by Commissioner Melara with corrections, second by Commissioner Marshall.  Approved 5-0

PUBLIC COMMENT

                None

CONSENT CALENDAR

-              Request of the Chief of Police for approval to accept a donation totaling to $300.00 from the Chinese Chamber of Commerce, New Asia Restaurant, and Far East Restaurant, for the San Francisco Police Activities League

                Motion by Commissioner Marshall, second by Commissioner Melara.  Approved 5-0.

PUBLIC COMMENT

                None

RESOLUTION NO. 18-24

APPROVAL OF THE REQUEST OF THE CHIEF OF POLICE TO ACCEPT DONATION TOTALING TO $300.00 FROM THE CHINESE CHAMBER OF COMMERCE, NEW ASIA RESTAURANT, AND FAR EAST RESTAURANT, FOR THE SAN FRANCISCO POLICE ACTIVITIES LEAGUE 

                RESOLVED, that the Police Commission hereby approves the request of the Chief of Police to accept donation in total of $300.00 from the Chinese Chamber of Commerce, New Asia Restaurant, and Far East Restaurant for the San Francisco Police Activities League.

                AYES:     Commissioners Mazzucco, Marshall, DeJesus, Melara, Hirsch

         ABSENT:      Commissioner Turman               

REPORTS TO THE COMMISSION

a.            Chief’s Request

-              Report on recent Police Department activities, including major events, weekly crime trends, and announcements

                Assistant Chief Sainez, for Chief Scott, reported on crime trends.                               

b.            DPA Director’s Report

-              Report on recent DPA activities, and announcements

                Director Henderson updated the Commission on cases opened, sustained, and closed.

c.             Commission Reports

-              Commission President’s Report

-              Commissioners’ Reports

                Commissioner Mazzucco spoke of meeting with UC Berkeley football team about policing and having a dialogue with them.

                Commissioner Marshall spoke of having a dialogue about Implicit Bias on Sunday at his radio show.                   

d.            Commission announcements and scheduling of items identified for consideration a future Commission meetings

                Commissioner DeJesus spoke of putting on the agenda an item on from Wealth and Disparities in the Black Community Justice for Mario Wood regarding a presentation on crime stats.

                Sergeant Ware announced that the Commission will not meet on Apr 25th and the next meeting will be on May 4th, at City Hall, Room 400, starting at 5:30 p.m.

                Motion by Commissioner Melara to put the item of DGO 5.02 on May 9th, second by Commissioner Mazzucco.  Approved 5-0.

PUBLIC COMMENT

                Diane, Marina Cow Hollow District, discussed concerns regarding the Cow Hollow district.

                Leif, Cow Hollow Marina, spoke in regards to property crime in the city particularly car break-ins and spoke of concerns regarding auto burglaries and spoke of staffing and safety.  He spoke of the need for more officers for foot patrols.

                Alexa, Scott Street resident, spoke of concerns regarding increase in crimes in the neighborhood and incidents that have happened to her in the neighborhood.  She spoke of the need for cameras in front of the Palace of Fine Arts.

                Joe DeMartini, Marina Cow Hollow resident, spoke of street blocking policy during an active crime and spoke of concerns about the Palace of Fine Arts.

                Barbara, Marina resident, read a statement on behalf of Whitney, spoke of three incidents about break ins, smash and grab on Chestnut Street, and an assault of a bicyclist while riding her bike and asked for more police to protect residents.

                David read a statement about broken glass on sidewalks and home burglaries and stolen bicycles and something has to be done about these crimes.

                Michael, Marina resident, spoke of quality of living and safety going downhill in the last several years.  He spoke of more crimes, homeless on the streets, drug use, and concerns about the Police Department being understaffed.  He asked for what the plan is for more officers and asked what they can do to help to get more officers.

                Nicole, Central Cow Hollow, spoke of merchants on Chestnut Street and an incident where a merchant was attacked by a homeless person.  She stated that she believes that 35 more officers are needed for their station and her willingness to work with the Department to increase staffing.

                Erica, Nob Hill resident, spoke of Prop 47 and 57 and its impact on the city and how it has emboldened criminals, put citizens in danger, and spoke of drug sales, needles left on the street, addicts who inject on the streets and how the proposition have led to increase in crimes and spoke of the Reducing Crime and Keeping California Safe Act for the November ballot.

                Shirley, Lombard Street corridor, spoke of an incident in November where she called the police and by the time the police came, the person in questions was too agitated and spoke of little coordination among the agencies who serve the homeless.

                Patricia asked the Commission to do something by changing the laws, modifying the rules, coordination between agencies, 911, 311, 553, all need to be improve; the need to work with the Commission as a team to change the system.  She stated that it is very hard to deal with the mentally ill.

                Commissioner Mazzucco responded in regards to cameras.  He stated that the Marina Safeway need a 10-b officer for security.  With regards to staffing, he was told that a beat officer will be assigned on Chestnut Street.  In regards to mental health coordination the Commission is working with the Department of Public Health.  In regards to staffing, Supervisor Yee is looking at staffing.

DISCUSSION AND POSSIBLE ACTION TO APPROVE ISSUANCE OF DEPARTMENT BULLETIN 18-035, PER DGO 3.01, MODIFYING DEPARTMENT GENERAL ORDER 3.08, “COURT APPEARANCES BY MEMBERS”   

                Sergeant Buckner presented Department Bulletin 18-035.

                Motion by Commissioner Melara, second by Commissioner Marshall.  Approved 5-0.

PUBLIC COMMENT

                None

RESOLUTION 18-25

APPROVAL TO ISSUE DEPARTMENT BULLETIN 18-035 MODIFYING DEPARTMENT GENERAL ORDER 3.08, “COURT APPEARANCES BY MEMBERS”

                RESOLVED, that the Police Commission hereby approves the issuance of Department Bulletin 18-035 modifying Department General Order 3.08, “Court Appearances by Members.”

                AYES:     Commissioners Mazzucco, Marshall, DeJesus, Melara, Hirsch

         ABSENT:      Commissioner Turman

PUBLIC COMMENT               

                Ms. Paulette Brown spoke and asked about the letter to DPW.  She further talked about her son, Aubrey Abrakasa, who was a homicide victim and spoke of attending a meeting regarding unsolved homicides and asked that something be done instead of just talking about it.

PUBLIC COMMENT ON ALL MATTERS PERTAINING TO CLOSED SESSION, INCLUDING PUBLIC COMMENT ON VOTE WHETHER TO HOLD CLOSED SESSION 

                None

VOTE ON WHETHER TO HOLD CLOSED SESSION INCLUDING VOTE WHETHER TO ASSERT THE ATTORNEY-CLIENT PRIVILEGE

Motion by Commissioner second by Commissioner.  Approved 5-0.

CLOSED SESSION:  (6:25 p.m. – 7:07 p.m.)

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):

Estate of Amilcar Perez Lopez v. Suhr, et al., U.S. District Court, Case No. 15-CV-1846 HSG, filed April 24, 2015

(Present:  Commissioners Mazzucco, Marshall, DeJesus, Melara, Hirsch, Assistant Chief Sainez, Deputy Chief Connolly, Deputy City Attorney Cabrera, Sgt. Kilshaw, Sgt. Ware, Officer Jones, Risa Tom, Deputy City Attorney Connelly, Deputy City Attorney Haniwalt)

PERSONNEL EXCEPTION:  Pursuant to Government Code Section 54957(b)(1) and San Francisco Administrative Code Section 67.10(b) and Penal Code Section 83.7:

Assignment of disciplinary charges filed in Case No. IAD 2017-0263 to an individual Commissioner for the taking of evidence on a date to be determined by the Commissioner

(Present:  Commissioners Mazzucco, Marshall, DeJesus, Melara, Hirsch, Assistant Chief Sainez, Deputy Chief Connolly, Deputy City Attorney Mongan, Sgt. Kilshaw, Sgt. Ware, Officer Jones, Risa Tom, Attorney Worsham, Attorney Sullivan, member involved)

PERSONNEL EXCEPTION:  Pursuant to Government Code Section 54957(b)(1) and San Francisco Administrative Code Section 67.10(b) and Penal Code Section 83.7:

Discussion and possible action to accept or reject Settlement Agreement filed in Case No. IAD 2017-0099, or take other action, if necessary

(Present:  Commissioners Mazzucco, Marshall, DeJesus, Melara, Hirsch, Assistant Chief Sainez, Deputy Chief Connolly, Deputy City Attorney Cabrera, Sgt. Kilshaw, Sgt. Ware, Officer Jones, Risa Tom, Attorney Worsham, Attorney Nobles, Ret. Captain Chignell, member involved)

(These proceedings are taken in shorthand form by Ms. Anna Greenley, CSR., Roomian & Associates)

PERSONNEL EXCEPTON:  Pursuant to Government Code Section 54957(b)(1) and SF Administrative Code Section 67.10(b) and Penal Code Section 832.7:  Status and calendaring of pending disciplinary cases

(Present:  Commissioners Mazzucco, Marshall, DeJesus, Melara, Hirsch, Assistant Chief Sainez, Deputy Chief Connolly, Deputy City Attorney Cabrera, Sgt. Kilshaw, Sgt. Ware, Officer Jones, Risa Tom)

OPEN (7:07 p.m.)

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

                Motion by Commissioner Melara, second by Commissioner Marshall.  Approved 5-0.                    

ADJOURNMENT

                Adjourned in honor of Lieutenant Chris Martinez.

                Motion by Commissioner Melara, second by Commissioner Marshall.  Approved 5-0.   

                Thereafter, the meeting was adjourned at 7:07 p.m.