Police Commission - July 11, 2018 - Minutes

Meeting Date: 
July 11, 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 Hirsch asked that tonight’s meeting be dedicated to Mayor London Breed.

ADOPTION OF MINUTES

-              Meeting of June 6th, 13th, & 20, 2018

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

PUBLIC COMMENT

                None

CONSENT CALENDAR

-              1ST & 2ND Quarter 2018 SF Police Commission Report of Disciplinary Actions

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

PUBLIC COMMENT

                None

REPORTS TO THE COMMISSION

a.            Chief’s Request

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

                Chief Scott reported on crime trends and major events.  The Chief talked about a homicide with a gun that occurred last week in the Bayview and reported that an arrest was made.  Chief Scott also talked about a traffic collision fatality and talked about an accident involving a Pedi cab.

                Commissioner Mazzucco thanked the officers for arrest made in the Bayview incident.

                The Chief talked about what the Department is doing during the summer to engage youths.

b.            DPA Director’s Report

-              Report on recent DPA activities, and announcements

                Director Henderson reported on cases opened and sustained.  He talked about meeting with the Department regarding backgrounds for DPA candidates and spoke of hiring a private investigator to do DPA background investigations.  He talked about recent events attended by DPA staff.

c.             Commission Reports

-              Commission President’s Report

-              Commissioners’ Reports

                Commissioner Mazzucco announced that he attended the Firearm Discharge Review Board meeting while the Commission was not in session.

                Commissioner Hirsch spoke of meeting with the Department and DPA to discuss the disciplinary procedures.

                Commissioner Elias announced that she, along with Commissioner Hamasaki, attended the CIT Awards Ceremony.

                Commissioner DeJesus talked about meeting with the consultants in regards to the DOJ recommendations.

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

                Sgt. Kilshaw announced that the commission will meet next week, July 18th, at City Hall, starting at 5:30 p.m.

                Commissioner Elias asked about agenda item in regards to discussion about reporting summaries on disciplinary actions and asked why it is not on the agenda for discussion.  Commissioner Mazzucco stated that the item is not ready to be agendized.  Commissioner Hirsch stated that he is waiting of an opinion from the City Attorney’s Office.

                Commissioner DeJesus asked about a report regarding wealth and disparity in the black communities and statistics about the Department’s use of force and would like to get it on the agenda sometime in August.

PUBLIC COMMENT

                Magick Altman asked why there was nothing about raid of blockade of ICE and why the Chief has no report on that.

                Unidentified talked about an incident regarding wellbeing check and that there was no response from the department and the Northern Captain.  She also complained about the DPA investigator.

                Nancy Kyler said she came in to hear report from the Chief regarding raid of blockade of ICE and asked why isn’t there a report regarding this activity.           

DISCUSSION AND POSSIBLE ACGTION TO APPROVE ISSUANCE OF DEPARTMENT BULLETIN 18-117, “VEHICLE TOW POLICY & PROCEDURE 14601/12500 CVC ENFORCEMENT,” PER DGO 3.01, MODIFYING DEPARTMENT GENERAL ORDER 9-06, “VEHICLE TOWS”  

                Deputy Chief Connolly introduced Sgt. Donati, with Officer Thomas, who presented department bulletin 18-117.                               

PUBLIC COMMENT

                None

                Motion by Commissioner DeJesus with condition that DGO be calendared sooner than later, second by Commissioner Hirsch.  Approved 5-0.

RESOLUTION 18-54

APPROVAL TO ISSUE DEPARTMENT BULLETIN 18-117,”VEHICLE TOW POLICY & PROCEDURE 14601/12500 CVC ENFORCEMENT,” MODIFYING DEPARTMENT GENERAL ORDER 9.06, “VEHICLE TOWS”  

                RESOLVED, that the Police Commission hereby approves the issuance of Department Bulletin 18-117, “Vehicle Tow Policy & Procedure 14601/12500 CVC Enforcement,” modifying Department General Order 9.06, “Vehicle Tows.”

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

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

                Commissioner Mazzucco gave a brief history of why this item is on the agenda.

                Commissioner Hirsch presented the addendum.

                Commissioner Hamasaki read amendment to addendum:  Move letter 2(g) to (h) and then in place of what’s currently g with the following language for 2(g):                

                “Once CAL DOJ makes a determination that a particular reform has met the standard of substantial compliance, the Commission shall independently review the status of the reform and make its own independent determination whether the Department is in compliance.  The Commission may set future hearings as needed to ensure the Department remains in compliance.”

                Commissioner Hirsch stated that, before approval, he would like to know that the other parties to the document are prepared to sign off on.

                Commissioner Hamasaki asked that it be put over and calendared for July 18th.

                Commissioner Elias announced that working groups on Accountability will be meeting on July 28th and Bias working group will meet on July 26th.

PUBLIC COMMENT

                Adrian commented on police action regarding ICE blockade and spoke of her friend who was injured by officers and how individual was knocked down with a stick and asked if the assault was necessary.

                Unidentified spoke of San Francisco being a sanctuary city and that SFPD should not work with ICE.

                Junior, immigrant from Congo, to seek sanctuary and spoke of racial profiling by the police department and that he is being followed and want to know if there was an investigation regarding him and that he would like to know and that he wants it to stop.

                Ms. Paulette Brown spoke in regards to her son’s unsolved homicide and that next month will be the anniversary of his homicide and showed names of perpetrators.

                Magick Altman spoke of resolution to abolish ICE.               

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    

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

CLOSED SESSION:  (7:00 p.m. – 8:44 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):

Rain O. Daugherty v. CCSF, et al., File No. CPF 15-514302, filed May 11, 2015

(Present:  Commissioners Mazzucco, DeJesus, Hirsch, Hamasaki, Elias, Deputy City Attorney Mongan, Sgt. Kilshaw, Sgt. Ware, Officer Jones, Risa Tom, Rania Adwan)

Taken out of order

CONFERENCE WITH NEGOTIATOR-COLLECTIVE BARGAINING.  Pursuant to Government Code Section 54957.6:

City Negotiator:  Ms. Carol Isen, Employee Relations Director

Organization representing Police Officers:  SF Police Officers Association

Anticipated issues Under Negotiation:  Procedures for Implementing Administrative Appeals in Police Discipline Proceedings

(Present:  Commissioners Mazzucco, DeJesus, Hirsch, Hamasaki, Elias, Chief Scott, Deputy Chief Moser, Deputy City Attorney Mongan, Deputy City Attorney Yank, Director Isen, Sgt. Kilshaw, Sgt. Ware, Officer Jones, Risa Tom, Rania Adwan)

Taken out of order

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

Discussion and possible approval of proposed rules for administrative appeal filed in Case No. ALW IAD 2016-1019, or take other action if necessary

(Present:  Commissioners Mazzucco, DeJesus, Hirsch, Hamasaki, Elias, Chief Scott, Deputy Chief Moser, Deputy City Attorney Mongan, Sgt. Kilshaw, Sgt. Ware, Officer Jones, Risa Tom, Rania Adwan, Attorney Worsham, Attorney Shea)

Taken out of order

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

Discussion and possible approval of proposed rules for administrative appeal filed in Case No. IVF C09-143, or take other action if necessary

(Present:  Commissioners DeJesus, Hirsch, Hamasaki, Elias, Chief Scott, Deputy Chief Moser, Director Henderson, Deputy City Attorney Mongan, Sgt. Kilshaw, Sgt. Ware, Officer Jones, Risa Tom, Rania Adwan, Attorney Driscoll, Attorney Lassart, Attorney Hawkins, member involved)

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

Discussion and possible approval of proposed rules for administrative appeal filed in Case No. ALW IAD 2012-0629, or take other action if necessary

(Present:  Commissioners DeJesus, Hirsch, Hamasaki, Elias, Chief Scott, Deputy Chief Moser, Deputy City Attorney Mongan, Sgt. Kilshaw, Sgt. Ware, Officer Jones, Risa Tom, Rania Adwan, Attorney Driscoll, Attorney Lassart, Attorney Worsham)

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 DeJesus, Hirsch, Hamasaki, Elias, Chief Scott, Deputy Chief Moser, Deputy City Attorney Mongan, Sgt. Kilshaw, Sgt. Ware, Officer Jones, Risa Tom, Rania Adwan)

OPEN (8:44 p.m.)

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

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

ADJOURNMENT

                Commissioner Hirsch moved to adjourn in honor of Mayor London Breed and the Commission wish her the very best of success.

                Commissioner Hamasaki stated he along with Commissioners Hirsch, Mazzucco, Elias were present at the inauguration of Mayor Breed.

                Motion by Commissioner Hirsch to adjourn the meeting in honor of Mayor London Breed, second by Commissioner Hamasaki.  Approved 4-0.

                Thereafter, the meeting was adjourned at 8:46 p.m.