Police Commission - July 12, 2017 - Minutes

Meeting Date: 
July 12, 2017 - 5:30pm
Location: 
City Hall, Room 400
#1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94103
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 5:40 p.m.               

PRESENT:             Commissioners Turman, Mazzucco, Marshall, DeJesus, Hing, Hirsch

ABSENT:               Commissioner Melara

(Commissioner Marshall arrived at 6:23 p.m.)

ADOPTION OF MINUTES

-              For the meeting of July 5, 2017

PUBLIC COMMENT

                None               

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

CONSENT CALENDAR

-              Police Commission Report on Disciplinary Actions, 2nd Quarter 2017

PUBLIC COMMENT

                None

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

REPORTS TO THE COMMISSION

a.            Chief’s Request

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

-              Presentation of the 1st Quarter 2017 Early Intervention System report

-              Presentation of the Department’s Semiannual Report regarding Collection and Analysis of Sexual Assault Kit Evidence & Reporting of Results to Sexual Assault Victims, per Police Commission Resolution 16-28, adopted April 20, 2016

                Chief Scott gave a brief crime update including a homicide in the Mission District, two shootings in the Bayview, a shooting in the Ingleside, and a stabbing at Dolores Park.  The Chief then updated the Commission about the incident near Dolores Park involving officers and skateboarders where two patrol cars were vandalized.  The Chief then gave a brief update on crime statistics.  

                Commander Walsh introduced Sgt. Stacy Youngblood to present the Early Intervention System Report 1st Quarter 2017.  Commander Walsh then reported on recent presentation by the University of Chicago.

                Deputy Chief Moser introduced Captain Greg Mar, Forensics, and Captain Una Bailey, Special Victims Unit to present the report regarding collection and analysis of sexual assault kit evidence and reporting to sexual assault victims.

b.            DPA Director’s Report

-              Report on recent DPA activities, and announcements

                Interim Director Henderson spoke of having an all hands on deck meeting with his staff.  He spoke of vacancies and spoke of addressing some of the reporting requirements.  He spoke of upcoming training and conferences for his staff.

c.             Commission Reports

-              Commission President’s Report

-              Commissioners’ Reports

                No report.

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

                Sgt. Kilshaw announced that the Commission will meet in the Northern on July 19th at the Korean American Community Center and that the Commission will be dark in the month of August.

PUBLIC COMMENT

                John Jones spoke of the video of skateboarders at Dolores Park and concerns about the event with no city officials knowing about it.

                Magick Altman glad to see improvement with the rape kit testing and spoke of how victims are treated.  She spoke of restorative justice.

                Jim Salinas spoke of incident at Dolores Park and how children are out there with no authorization.  He went on to speak of the use of Dolores Street by skateboarders in an unsanctioned event.

DISCUSSION AND POSSIBLE ACTION TO APPOINT CODY CLEMENTS AS ASSISTANT PATROL SPECIAL OFFICER TO PATROL SPECIAL OFFICER JOHN FITZINGER, STAR NO. 2655    

                Commissioner Mazzucco spoke about the Patrol Special Program and process.

PUBLIC COMMENT

                None

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

RESOLUTION NO. 17-39

APPROVAL TO APPOINT CODY CLEMENTS AS ASSISTANT PATROL SPECIAL OFFICER TO PATROL SPECIAL OFFICER JOHN FITZINGER   

                RESOLVED, that the Police Commission hereby approves to appoint Cody Clements as Assistant Patrol Special Officer to Patrol Special Officer John Fitzinger.

                AYES:     Commissioners Turman, Mazzucco, Marshall, Hing, Hirsch

         ABSENT:      Commissioners DeJesus, Melara

HEARING ON DISCIPLINARY CHARGES FILED AGAINST ASSISTANT PATROL SPECIAL OFFICER JON ADAMSON, START NO. 2536, IN CASE NO. ALW IAD 2016-0193 AND 2016-0278   

                Attorney Ashley Worsham appeared on behalf of the Department.

                Officer Carla Brown, Patrol Special Liaison, appeared on behalf of the Department.

PUBLIC COMMENT

                None

                Motion by Commissioner Mazzucco, second by Commissioner Hing.  Approved 6-0.

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

HEARING OF ASSISTANT PATROL SPECIAL OFFICER JON ADAMSON, STAR NO. 2536

(FILE NO. ALW IAD 2016-0193 & 2016-0278)                                                                                        

                The hearing of Assistant Patrol Special Officer Jon Adamson, Star No. 2536, was called it having been set for this date.  Assistant Patrol Special Officer Adamson was charged, in a properly verified complaint by William Scott, Chief of Police of the San Francisco Police Department, on June 15, 2017, with violating the Rules and Procedures, as follows:

SPECIFICATION NO. 1

Failure to follow lawful orders and directives of a police officer and provide a client list as directed, (a violation of Rules 4.03 and 4.10 of the Interim Rules for Patrol Special Officers and their Assistants);

SPECIFICATION NO. 2

Failure to work a minimum of 8 hours per week as required by Rule 4.13 of the Interim Rules and Procedures for Patrol Special Officers and Their Assistants (a violation of Rule 4.13 of the Interim Rules and Procedures for Patrol Special Officers and their Assistants);

SPECIFICATION NO. 3

Failure to respond to the Range and qualify for his bi-annual handgun qualification, (a violation of Rule 3.05(A) of the Interim Rules for Patrol Special Officers and their Assistants).

                Ms. Ashley Worsham, Attorney at Law, and Officer Carla Brown, Patrol Special Officers Liaison, appeared on behalf of the San Francisco Police Department.

                Patrol Special Officer Jon Adamson was not present and failed to appear.  Notification to appear was sent on July 6, 2017.

                The Commission took the matter under submission and the following resolution was adopted:

RESOLUTION NO. 17-40

DECISION – HEARING OF ASSISTANT PATROL SPECIAL OFFICER JON ADAMSON, STAR NO. 2536 (FILE NO. ALW 2016-0193 & 2016-0278)   

                WHEREAS, on June 15, 2017, Chief William Scott, Chief of Police of the San Francisco Police Department, made and served charges against Assistant Patrol Special Officer Jon Adamson, Star No. 2536, as follows:

GENERAL ALLEGATIONS

 (1)         At all times herein mentioned Jon Adamson, Star Number 2536 (hereinafter referred to as APSO ADAMSON) was an Assistant Patrol Special Officer.

(2)          An Assistant Patrol Special is defined as “A private person approved and appointed by the Police commission and employed by a Patrol Special to perform security duties of a private nature for private persons or businesses within the assigned area of their employer’s beat.”  An Assistant Patrol Special is not the owner of a beat.

(3)          Patrol Specials and Assistant Patrol Specials are not members of the uniform ranks of the Police Department and they are not employees of the City and County of San Francisco.  An Assistant Patrol Special is responsible for knowing and obeying the rules and procedures of the Patrol Special Officers and Assistant Patrol Special Officers.  (See the Interim Rules and Procedures for Patrol Special Officers and Their Assistants, Adopted by the San Francisco Police Commission, December 10, 2008).

(4)          Encompassed in these rules is the directive the Patrol Specials and their Assistants shall obey all written orders of the Department that are not clearly inapplicable to their respective assignments.  (See Rule 3.12(A) of the Interim Rules and Procedures for Patrol Special Officers and Their Assistants.)

SPECIFICATION NO. 1

Failure to follow lawful orders and directives of a police officer and provide a client list as directed, (a violation of Rules 4.03 and 4.10 of the Interim Rules for Patrol Special Officers and their Assistants);

(5)          The allegations incorporated in paragraphs (1) through (4) are incorporated by reference as though fully set forth herein.

(6)          On December 6, 2015, APSO Adamson signed in at Ingleside Station.  APSO Adamson has not signed into any of the district stations since December 6, 2015.

(7)          On January 7, 2016, APSO Adamson stated on his annual information sheet that PSO Calvin Wiley was his employer.  However, on February 3, 2016, PSO Wiley did not list APSO Adamson on his annual information sheet.

(8)          On April 14, 2016, Officer Brown emailed APSO Adamson to remind him that his monthly service logs were due April 1, 2016.

(9)          On July 29, 2016, Officer Brown emailed APSO Wiley to inform him that she had not received his April-June monthly service logs that were due July 1, 2016.  In this email, Officer Brown specifically asked APSO Adamson if he was still employed by PSO Wiley since he was no longer signing in at Ingleside Station.  PSO Wiley was copied on the email.

(10)        On July 29, 2016, PSO Wiley stated the following in response to Officer Brown’s email:  “In regarding Jon Adamson, he does not work for Me since the first week of December 2015.  He was just sick and tired And mutual agreement he stopped Working.”

(11)        On May 26, 2016, APSO Adamson attended the bi-annual handgun qualification, but made no attempts to contact Officer Brown regarding the results of the handgun qualification.

(12)        August 4, 2016, Patrol Special Liaison, Officer Carla Brown #1247 stated in a memorandum that APSO Adamson failed to turn in his monthly service logs and had not worked the required eight (8) hours per week as required by the Interim Rules and Procedures for Patrol Specials and Their Assistants.

(13)        On August 12, 2016, Officer Brown sent APSO Adamson in interview notice but has yet to receive a response from APSO Adamson.

(14)        APSO Adamson, by failing to follow the directives of a police officer and provide Patrol Special Liaison Officer Brown with a current monthly service logs, violated Rules 4.03 and 4.10 of the Interim Rules and Procedures for Patrol Special Officers and Their Assistants.  Any reasonable Assistant Patrol Special Officer must know that such conduct is cause for discipline and/or revocation of his appointment. Rules 4.03 and 4.10 of the Interim Rules and Procedures for Patrol Special Officers and Their Assistants, state:

                4.03.  ORDERS OF POLICE OFFICERS.  Patrol Specials and Assistant Patrol Specials shall strictly obey and promptly execute the lawful orders of police officers.

                4.10.  RECORDS – MONTHLY SERVICE LOGS.  Patrol Specials and Assistant Patrol Specials shall maintain and submit quarterly to the Police Commission a Monthly Service Log that includes the beat(s), dates, and hours worked.  This record shall be retained for a period of two (2) years and shall be subject to inspection by the Chief or his or her designated representative, or the Commission.

SPECIFICATION NO. 2

Failure to work a minimum of 8 hours per week as required by Rule 4.13 of the Interim Rules and Procedures for Patrol Special Officers and Their Assistants (a violation of Rule 4.13 of the Interim Rules and Procedures for Patrol Special Officers and their Assistants);

(15)        The allegations incorporated in paragraphs (1) through (14) are incorporated by reference as though fully set forth herein.

(16)        In an email dated July 29, 2016, Officer Brown specifically asked APSO Adamson if he was still employed by PSO Wiley since he was no longer signing in at Ingleside Station.  PSO Wiley was copied on the email and subsequently sent an email response to Officer Brown informing her that APSO Adamson no longer worked for him and indicated that it was by mutual agreement.

(17)        APSO Adamson, by failing to work a minimum of eight (8) hours per week as required by the Interim Rules and Procedures for Patrol Special Officers and their Assistants, violated Interim Rule 4.13 (See also Interim Rule 3.09).  APSO Adamson maintains that he is employed by PSO Wiley.  However, PSO Wiley specifically stated in an email that APSO Adamson no longer worked for him and that was by mutual agreement.  Additionally, APSO Adamson has no signed in at Ingleside Station since December 2015.  Any reasonable Assistant Patrol Special Officer must know that such conduct is cause for discipline and/or revocation of his appointment.  Rule 4.13 of the Interim Rules and Procedures for Patrol Special Officers and Their Assistants, states:

                4.13.  MINIMUM HOURS OF WORK

                Patrol Specials shall inform the Program Administrator if an Assistant Patrol Special employed by them is no longer working the minimum number of ours specified in Rule 3.09.

                (See also Rule 3.09, which states:  EMPLOYING ASSISTANT PATROL SPECIAL OFFICERS.  Patrol Special Officers wishing to employ Assistant Patrol Specials shall submit to the Program Administrator and the Chief of Police a written request (an original and three (3) copies) for such identifying the applicant fully, verifying completion of required training, stating whether the applicant possesses a current certification of appointment as an Assistant pursuant to Rule 3.04, and certifying that the Assistant Patrol Special will be employed a minimum of eight (8) hours per week).)

(18)        The allegation incorporated in paragraphs (1) through (17) are incorporated by reference as though fully set forth herein.

(19)        On October 24, 2016, Officer Carla Brown sent an email to all Patrol Specials and Assistant Patrol Specials, including APSO Adamson, notifying them of the upcoming bi-annual range qualification scheduled for November 22, 2016.

(20)        On November 15, 2016, Officer Brown sent a second follow-up email to all Patrol Specials and their Assistants remind them again of the upcoming range qualification scheduled for November 22, 2016.

(21)        She then sent the same reminder email again on November 21, 2016.

(22)        On November 22, 2016, Sgt. Angelo Spagnoli #1704 prepared a memorandum regarding APSO Adamson’s failure to respond to the Lake Merced Range for his bi-annual handgun qualification on November 22, 2016.

(23)        APSO Adamson failure to appear for his mandatory range qualification and he made no attempts to contact Officer Brown in order to reschedule his qualification.

(24)        On April 24, 2017, Officer Brown called APSO Adamson on his cell phone and discovered that his number had been disconnected.  This was the same number that APSO Adamson provided on his annual contact sheet in 2016.

(25)        APSO Adamson did not make any attempts to contact Officer Brown and provide her with updated contact information.

(26)        Officer Brown reviewed the sign-in log for November 22, 2016 and confirmed that APSO Adamson did not sign in on this date.

(27)        APSO Adamson’s failure to participate in additional training as required by the Chief of Police and the Rules and Procedures for Patrol Specials and their Assistants is a violation of the training requirements Assistant Patrol Special Officers shall follow.  Any reasonable Assistant Patrol Special Officer must know that such misconduct is cause for discipline and/or revocation of his appointment.  Rule 3.05 of the Interim Rules and Procedures for Patrol Special Officers and Their Assistants, states:

                3.05 TRAINING

                Patrol Specials and Assistant Patrol Specials shall participate in additional training as required by the Chief of Police.  Costs for training provided by the San Francisco Police Department shall be paid for by the Patrol Specials and Assistant Patrol Specials priors to receiving such training at a rate commensurate with the rates charged to other private persons.  Minimum annual training shall include:

                A.            Successful completion of the firearms qualifications course twice each    year on dates set by the Range Master at the San Francisco Police Range.

PENALTIES:

(28)        If the Specifications against APSO Adamson are sustained after trial by the Police Commission, the Department’s recommendation is that the Commission revoke APSO Adamson’s appointment.

                WHEREAS, a hearing on said charges against Assistant Patrol Special Officer Adamson was held before the Police Commission pursuant to section 8.343 of the Charter of the City and County of San Francisco on July 12, 2017,  the matter was submitted to the Police Commission for decision; and

                WHEREAS, the Commission, after hearing the testimony of Officer Carla Brown, Patrol Special Officer Liaison, decided to revoke the appointment of Assistant Patrol Special Officer Jon Adamson to the Patrol Special Program; therefore be it

                RESOLVED, that consistent with the Commission’s duty to protect the health, safety, and general welfare of the citizens of the City and County of San Francisco and the public in general, and in order to promote efficiency and discipline in the Patrol Special Officer Program, the Police Commission orders that the appointment of Assistant Patrol Special Officer Jon Adamson as Assistant Patrol Special Officer be revoked effective immediately.

AYES:                     Commissioners Mazzucco, Marshall, DeJesus, Hing, Hirsch, Turman

ABSENT:               Commissioner Melara  

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

PUBLIC COMMENT

                Aria Said, Policy Director St. James Infirmary, spoke of an immunity policy that would allow sex workers to report crimes committed against them without consequence from law enforcement.  She asked that language they proposed be part of the policy:  “Violence, harassment, coercion or retaliation committed by any law enforcement officer against sex workers is not tolerated and will be investigated, which may result in disciplinary or criminal action.  During the course of an investigation or potential arrest, law enforcement may not engage in any type of sexual act with a sex worker.”   

                 Jim Salinas spoke of the Latino Community meeting with Chief Scott and thanked Chief Scott for meeting with the community.  He spoke of how important meetings like this is to the community to build trust and thanked Assistant Chief Sainez for his open line of communication.

                Rachael West, US Prostitutes Collective, spoke of prioritizing safety for sex workers policy.  She spoke of how the policy talks of holding law enforcement accountable.  She asked for support to reinsert the language into the policy.  She spoke of police using their powers against sex workers.

                Dima Charles, St. James Infirmary, spoke of prioritizing safety for sex workers and read a press release that was put out last week in regards to police misconduct against sex workers.

                Magick Altman supports women that spoke about this issue and spoke of restorative justice.

                John Jones spoke of crime on BART and theft of cell phones.

                Chief Scott stated that he is willing to meet with anyone about this issue and is willing to come to the table.

PUBLIC COMMENT ON ALL MATTERS PERTAINING TO CLOSED SESSION

                John Jones spoke of what the Commission does is not transparent because it is required by law.  He went on to talk about DPAs quality of work.   

VOTE ON WHETHER TO HOLD CLOSED SESSION

                Motion by Commissioner DeJesus, second by Commissioner Marshall. Approved 6-0.                               

CLOSED SESSION (7:38 p.m. – 8:11 p.m.)

PERSONNEL EXCEPTION:  Pursuant 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. OCC 0472-15, or take other action

(PRESENT:  Commissioners Turman, Mazzucco, Marshall, DeJesus, Hing, Hirsch, Chief Scott, Assistant Chief Sainez, Director Henderson, Deputy City Attorney Lee, Sgt. Kilshaw, Sgt. Rodriguez, Risa Tom, Rania Adwan, Attorney Hinckley, Attorney Fortes, and member involved)

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

PERSONNEL EXCEPTION:  Pursuant 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 Turman, Mazzucco, Marshall, DeJesus, Melara, Hing, Hirsch, Chief Scott, Assistant Chief Sainez, Deputy City Attorney Lee, Sgt. Kilshaw, Sgt. Rodriguez, Risa Tom, Rania Adwan)

OPEN SESSION (8:11 p.m.)

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

                Motion by Commissioner Hing,  second by Commissioner DeJesus for non-disclosure.  Approved  6-0.

ADJOURNMENT               

                Motion by Commissioner DeJesus, second by Commissioner Marshall.  Approved 6-0.    

                Thereafter, the meeting was adjourned at 8:12 p.m.