Police Commission - August 15, 2018 - Minutes

Meeting Date: 
August 15, 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 5:30 p.m.               

PRESENT:  Commissioners Mazzucco, DeJesus, Hirsch, Hamasaki, Elias

(Commissioner DeJesus arrived at 6:05 p.m.)               

                Commissioner Mazzucco announced that discussion regarding the MOU will be taken off calendar and put over for the next meeting.

ADOPTION OF MINUTES

-              Meetings of July 11th & 18, 2018

                Motion by Commissioner Hamasaki, second by Commissioner Elias.  Approved 4-0.

PUBLIC COMMENT

                None

CONSENT CALENDAR

-              Request of the Chief of Police to accept a $35.00 donation from Ms. Belinda Chin for the Community Engagement Fund

-              Request of the Chief of Police to accept a $2,000.00 donation from the Supporters of the SFPD Wilderness Program to be deposited into the SFPD Wilderness Program Index Fund

-              SFPD/DPA Document Protocol Quarterly Report, 2nd Quarter 2018

                Motion by Commissioner Hirsch, second by Commissioner Hamasaki.  Approved 4-0.

PUBLIC COMMENT

                Ray Hartz explained why donations are on the consent item and explained incident that happened in the Public Library.

RESOLUTION NO. 18-59

APPROVAL OF THE REQUEST OF THE CHIEF OF POLICE TO ACCEPT DONATION OF $35.00 FROM MS. BELINDA CHIN FOR THE COMMUNITY ENGAGEMENT FUND

                RESOLVED, that the Police Commission hereby approves the request of the Chief of Police to accept donation of $35.00 from Ms. Belinda Chin for the Community Engagement Fund.

                AYES:     Commissioners Mazzucco, Hirsch, Hamasaki, Elias

         ABSENT:      Commissioner DeJesus

RESOLUTION NO. 18-60

APPROVAL OF THE REQUEST OF THE CHIEF OF POLICE TO ACCEPT DONATION OF $2,000.00 FROM THE SUPPORTERS OF THE SFPD WILDERNESS PROGRAM TO BE DEPOSITED INTO THE SFPD WILDERNESS PROGRAM INDEX FUND

                RESOLVED, that the Police Commission hereby approves the request of the Chief of Police to accept donation of $2,000.00 from the Supporters of the SFPD Wilderness Program to be deposited into the SFPD Wilderness Program Index Fund.

                AYES:     Commissioners Mazzucco, Hirsch, Hamasaki, Elias

         ABSENT:      Commissioner DeJesus

REPORTS TO THE COMMISSION

a.            Chief’s Request

-              Report on recent Police Department activities, including major events, weekly crime trends, including staffing (current staffing levels and overtime), and announcements

-              Status Update regarding Building 606 located at the old Hunters Point Shipyard

-              Presentation of the 2nd Quarter 2018 Firearm Discharge Review Board Findings and Recommendations and OIS Summary Report (Put over to next meeting)

                Commissioner Mazzucco explained that the item regarding Building 606 is on the calendar because of concerns regarding Building 606.

                Chief Scott gave a brief update on crime trends including homicides down to 29 this year from 41 last year, auto burglaries, motor vehicle theft and burglaries.  The Chief stated that there is an increase in human trafficking reports.  The Chief spoke about a recent murder/suicide, a shooting in the Bayview on Monday of an SVIP employee who is in critical condition and asked the public for their help in solving this crime.  The Chief also talked about an arrest that involved a juvenile where a use of force occurred and that a use of force investigation is ongoing and that there are body camera footage.  The Chief also talked about the 12th Anniversary of Aubry Abrakasa’s homicide and that there is a $250,000 reward for this case.  The Chief then reported that the Department stayed in budget as far as overtime.  The Chief also reported that the Department is celebrating its 169th birthday.

                Deputy Chief Moser presented the update on Building 606.  Chief Moser stated that the Department of Public Health have assured the Department that Building 606 is safe for human occupancy.  Tests being done are:  Retesting of water including radiological testing of the water; retesting of air quality and dust for biological contaminants; soil testing for contaminants; checking of filtration system. 

b.            DPA Director’s Report

-              Report on recent DPA activities, and announcements

-              Presentation of 2017 Annual Report

                Director Henderson gave a brief update on cases opened, pending cases, and mediated case.  Director Henderson also spoke of staffing and outreach and is developing partnerships with community groups and attendance of different events including National Night Out and a Backpack Giveaway in the Bayview.

                Director Henderson also talked briefly about the 2017 Annual Report.

c.             Commission Reports

-              Commission President’s Report

-              Commissioners’ Reports

                Commissioner Mazzucco spoke of meeting attended by the Commission including meeting with Hillard Heintze, meeting with DOJ, and attending the Department’s Implicit Bias Training.  Commissioner Mazzucco also announced the resignation of Policy Analyst Rania Adwan.

                Commissioner Elias stated that she is very sad to see Ms. Adwan leave.

                Commissioner DeJesus commended Ms. Adwan on her work with policies and DOJ Reform and that she will be missed.

                Commissioner Hamasaki thanked Ms. Adwan for her guidance and her service.

                Director Henderson stated that he’s known Rania since she was a fellow and commended her work with the Mayor’s Office and the Commission and her meaningful contribution to all.

                Commissioner Hirsch commended Rania and thanked her for her work.

                Chief Scott thanked Rania for all the work that she has done.

                Commissioner Elias spoke of attending the Community Youth Academy Graduation.  She also spoke of attending the Tenderloin Station Community Meeting and spoke of concerns of the Tenderloin Community including more foot patrol.  She also spoke of attending the Tenderloin Station swing shift lineup and spoke of concerns by the officers in the lack of Narcan kits available to the officers.

                Commissioner Hamasaki spoke of supplies of Narcan kits for the officers in the Tenderloin.  He also talked about attending the Implicit Bias Training.  He also stated that he visited with the Japan Town Task Force.               

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

                Sergeant Kilshaw announced that the Commission will not meet on August 22nd and 29th.  The next meeting will be on September 5th.

PUBLIC COMMENT

                Magick requested that time be increased to three minutes.  She went on to talk about use of force against a child.

                Ray Hartz stated the following:  “I have to tell you I’m extremely interested in the DPA, particularly as a (sic) relates to reporting requirements to the SFPD and this Police Commission.  Going forward I would really like to see whether there is any real accountability!  I regularly attend meetings of the Ethics Commission and, after 10 years of attendance, don’t know of a single thing they have ever done to improve the ethics of City government!  They shuffle papers, kill huge numbers of trees, and only manage to confuse activity for achievement.  I’ve described it to them as “rearranging deck chairs on the Titanic.”  Think about it:  the people whose ethics they are “policing” are the very people who appoint them to the commission!  Add to that the fact that they have no enforcement power and can only recommend that the “offending parties” take action against themselves.  Will the PDA actually achieve any level of “accountability’?”

DISCUSSION AND POSSIBLE ACTION TO APPROVE THE ADDENDUM TO THE CAL DOJ AND THE SFPD MOU

                Put over to next meeting.

PUBLIC COMMENT

                Cooper spoke of the police engaging in treason and spoke of the US Constitutions.

                Clyde spoke of the poop patrol and went on about the status of the texting case.

                Ray Hartz stated the following:  “Good evening.  My name is Ray Hartz and I’m the Director of San Francisco Open Government.  My contact email is [email protected].  Tonight I would like to talk about your agenda, which makes it clear to me that this Police Commission does not want public input!  Your agenda put General Public Comment as far down the agenda as it is possible.  If a member of the public wishes to speak to you about anything which is not on the agenda as a separate item, they have to come here and sit for some indeterminate period of time to give their input.  This is done purposely to ‘whittle down’ public comment through attrition!  It serves the additional purpose of ensuring that ‘the nice people’ have already participated and gone home.  After all, we wouldn’t want ‘the nice people’ to hear things you don’t want them to hear!”

                Magick spoke of the Sunshine Task Force decision stating that the taser vote was done illegally and that it should be rescinded.

                Ms. Paulette Brown spoke of her son’s homicide and that yesterday was his death anniversary.  She thanked the Media Unit for putting out the press release regarding her son.  She spoke of not having a venue for her son’s flyers and bulletins.

                Commissioner Hirsch asked Director Henderson to explain the mediation process.

                Director Henderson explained the mediation process.

PUBLIC COMMENT ON ALL MATTERS PERTAINING TO CLOSED SESSION

                Juanita Stockwell spoke of how the City Attorney does not have a signed agreement for this case from the plaintiffs involved in this case.

                Ray Hartz spoke of concerns on how these closed sessions are done.

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

                Motion by Commissioner Hamasaki, second by Commissioner Hirsch.  Approved 5-0.

CLOSED SESSION (7:20 p.m. – 8:28 p.m.)

a.            CONFERENCE WITH LEGAL COUNSEL- Existing Litigation.  Pursuant to Government Code Section 54956.9(d)(1):  Sam Percival Stewart v. CCSF et al., US District Court Case No. 16-CV-06744 SK, filed June 2, 2016

(PRESENT:  Commissioners Mazzucco, DeJesus, Hirsch, Hamasaki, Chief Scott, Deputy City Attorney Cabrera, Sergeant Kilshaw, Sergeant Ware, Officer Jones, Risa Tom) Commissioner Elias is recused.               

b.            CONFERENCE WITH LEGAL COUNSEL- Existing Litigation.  Pursuant to Government Code Section 54956.9(d)(1):  Juanita Stockwell, et al. v. CCSF et al., SF Superior Court Case No. CGC-15-549482, filed November 17, 2008

(PRESENT:  Commissioners Mazzucco, DeJesus, Hirsch, Hamasaki, Elias, Chief Scott, Deputy City Attorney Cabrera, Deputy City Attorney Rolnick, Sergeant Kilshaw, Sergeant Ware, Officer Jones, Risa Tom) Taken out of order.

c.             CONFERENCE WITH LEGAL COUNSEL- Existing Litigation.  Pursuant to Government Code Section 54956.9(d)(1):  Derek Byrne v. CCSF, San Francisco Police Commission and San Francisco Police Department, SF Superior Court, Case No. CPF-17-515892, filed October 12, 2017

(PRESENT:  Commissioners Mazzucco, DeJesus, Hirsch, Hamasaki, Elias, Chief Scott, Assistant Chief Sainez, Deputy City Attorney Cabrera, Sergeant Kilshaw, Sergeant Ware, Officer Jones, Risa Tom) Taken off calendar

d.            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 grant or deny Motion to Dismiss filed in Case No. IAD 2017-0283, or take other action, if necessary

(PRESENT:  Commissioners Mazzucco, DeJesus, Hirsch, Hamasaki, Elias, Chief Scott,  Deputy City Attorney Mongan, Sergeant Kilshaw, Sergeant Ware, Officer Jones, Risa Tom, Attorney Worsham, Attorney Berry-Wilkinson)

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

e.            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 disciplinary charges filed in Case No. ALW IAD 2015-0358 to an individual Commissioner for the taking of evidence on a date to be determined by the Commissioner

(PRESENT:  Commissioners Mazzucco, DeJesus, Hirsch, Hamasaki, Chief Scott, Assistant Chief Sainez, Deputy City Attorney Cabrera, Sergeant Kilshaw, Sergeant Ware, Officer Jones, Risa Tom)

f.             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 disciplinary charges filed in Case No. IAD 2017-0093 to an individual Commissioner for the taking of evidence on a date to be determined by the Commissioner

(PRESENT:  Commissioners Mazzucco, DeJesus, Hirsch, Hamasaki, Chief Scott, Assistant Chief Sainez, Deputy City Attorney Cabrera, Sergeant Kilshaw, Sergeant Ware, Officer Jones, Risa Tom)

g.            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 Mazzucco, DeJesus, Hirsch, Hamasaki, Chief Scott, Assistant Chief Sainez, Deputy City Attorney Cabrera, Sergeant Kilshaw, Sergeant Ware, Officer Jones, Risa Tom)

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

                Motion by Commissioner Hirsch, second by Commissioner Hamasaki for non-disclosure.  Approved 5-0.

ADJOURNMENT

                Motion by Commissioner DeJesus, second by Commissioner Hamasaki.  Approved 5-0.                               

                Thereafter, the meeting was adjourned at 8:29 p.m.