Police Commission - July 18, 2018 - Minutes

Meeting Date: 
July 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 5:30 p.m.               

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

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

                Chief Scott gave a brief update on crime trends including property crimes, and auto burglaries. 

                Chief Scott also reported on arrests made July 9th regarding calls of shut down of 400 block of Washington Street which started in front of the Federal Building and the blockage of both sides of the sidewalk and the street. The Chief stated the following:

                “First, let me start by saying, first our mission is always to protect public safety and to do that with respect for all San Franciscans.  We’re committed to facilitating the 1st Amendment expression for anybody that wants to exercise it but we have a duty to maintain peace and public safety for all our residents and visitors, and protect property.

                In terms of this particular operation, it occurred on July 9th, 2018, which was the past Monday, not this Monday but the past Monday, and basically we were called and received numerous calls throughout the week from July 2nd until July 9th regarding a shutdown of the 400 block of Washington Street.  Now, it initially started as a 1st Amendment activity in front of the Federal Building, Homeland Security ICE Building, at 444 Washington.  After the 2nd, the streets were blocked off by some of the involved individuals, and they were blocked off using pallets, fencing materials, there were vehicles at some point and some of the blockage included barb wire.

                Our city has specific restrictions against camping on the sidewalk and as the week went along there were several tents that were encamped on the sidewalk and in the middle of the street, so both sides of the sidewalk and the street.

                On the night of the incident, after we cleared the street, there were approximately 25 tents that were tagged and bagged by the Department of Public Works.  So, I said we have received numerous complaints from the community regarding violations including public urination, cooking with open flames in the roadway, excessive noise and disturbance of the peace. 

                Starting July 2nd, our officers, including supervisors and the Central Captain, went to the location and admonishments were given by a Central area Sergeant to advise the people that were camping in the streets and tents that it was against Section 647(e) and that continued action could lead to their arrest.  That started on July 2nd.  That continued throughout the week.  Almost all of these admonishments were captured on body worn cameras but there were a few that weren’t but the majority of them were.  And also, these incidents were documented via incident reports.

                Midway through the week, we had the 4th of July holiday, and one of the things, I think was a good thing, was that traffic was a lot slower during the holiday and the holiday week because a lot of people were outside, so it didn’t impact traffic as much.  We knew that on Monday, July 9th, that traffic would be back to normal and the encampment grew throughout that week.  We were monitoring it, our Central office were monitoring it.

                Starting July 7th, our sergeants went out and gave warnings every two hours and those warning were capture on body worn cameras as well as documented in the incident report.  Basically, the warning was – I’ll read it to you actually – the warning basically was read by a sergeant and stated, after the sergeant gave the name, ‘you’re in violation of 647(e) of the Penal Code for illegal lodging. You are subject to citation or arrest.  Please break down your tent and leave the block.’  That was done about every two hours from the 7th to the time we actually took action on the 9th.

                In addition to the warnings, we requested that the Department of Public Health go out and do a health assessment as far as the potential hazards to health.  I will say that there were no health hazards noted in terms of needles and that type of thing in the street.  However, there were two port-a-potties that were on the street.  There were urination that was being complained about and that led to our decision to take action on this particular encampment before things got worse.  As we monitored throughout the week, it started to grow by the day basically with the number of tents and some of activities that was going on.

                So on July 9th which was Monday night around 12:30 in the morning, our officers were assembled and action was taken to basically break down the encampment.  The admonitions were given again both by public address on the police car and in person with the members of the encampment.  And those that refused to leave – some people did leave – those that refused to leave were basically arrested.  There were 39 arrests for 647(e) and there were a number of arrests that had additional charges for 148 PC, interfering or resisting arrest. 

                There were five use of forces.  When this action took place, the use of forces consisted of basically bodily force, physical control holds.  The extended range impact weapon was used on one individual.  There was a kick and a baton strike.  Four of the individual whose force is used on were also arrested so we were able to identify.  The fifth individual ran from the scene. We were not able to identify that person.  Body worn cameras, like I say, were in use during the entire operation so everything that was done were captured on body worn cameras.”

                The Chief then showed photos of the encampment.  The Chief stated that there were 39 misdemeanor arrests and everybody ended up getting released.

                The Chief then reported on a pedestrian fatality yesterday and spoke of focus on the five to reduce traffic collisions and deaths.

                Captain Dominic Yin presented the Department’s Collection and Analysis of Sexual Assault Kit Evidence Report.               

b.            DPA Director’s Report

-              Report on recent DPA activities, and announcements

-              Presentation of Statistical Reports:  Summary of Cases Received, Mediation of Complaints, Adjudication of Sustained Complaints for June, 2018, and Companion Reports

-              Presentation by DPA Interns

                Director Henderson gave a brief update on cases opened, pending cases, and mediated cases.  He stated that there are about 40 cases for mediation.  Director Henderson also talked about hiring and staffing.  He also talked about outreach including a public safety fair, attending a town hall, and booths at the Sunday Street Fair.

                Director Henderson introduced the DPA Interns:

                Marshall Hammons, UC Hastings College of Law, spoke of his experience as the Language Access Intern and about expanding the mediation policy and programs.

                Marcus Kennedy-Grimes, Howard University spoke of his experience as DPA Intern working on creation of the 2017 Annual Report, the Language Access Ordinance training, and working on the DPA’s twitter account.

                Frank Myhre-Nunes, Golden Gate University School of Law, spoke of his experience as DPA Intern working on disability laws, hiring, and accommodation, research on Police Officers Bill of Rights, and taking part on body worn camera footage investigations.

                Camille Hausken-Brates, University of California, Berkeley, spoke of her experience focused on outreach and accessibility, working with different organizations, and attending different events in the city.

                Coco Xu, University of California, Berkeley, spoke of working in media and translation of new DPA brochures, and how to engage the public directly and to build relationships with city agencies.  She also spoke of assisting the DPA attorney.

                Brittney Salter, Golden Gate University School of Law, spoke of her experience as an intern and her interest to build relationships between the communities and the police.  She spoke of the mediation program and her work with the investigations unit and reviewing body worn camera footage.

                Commissioner Mazzucco thanked the interns for sharing their perspectives.

                Commissioner DeJesus also thanked the interns.

c.             Commission Reports

-              Commission President’s Report

-              Commissioners’ Reports

                Commissioner Mazzucco has no report.

                Commissioner Elias reported on attending the CIT Training Working Group meeting.   She stated she was very impressed with the CIT Working Group and the progressed made and efforts made to roll out more CIT training to officers.  She also spoke of reconvening the Bias Working Group meeting on July 26th, at 10 a.m., Police Headquarters and the Accountability Working Group will be on July 25th, between 1 and 3 p.m., at Police Headquarters.

                Commissioner DeJesus spoke of attending the website meeting and recommendations made and what the Commission would like to see on the website.               

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

                Sergeant Kilshaw announced that the Commission will not meet on July 25th.

                Commissioner Hamasaki spoke of the agendized item regarding the addendum to the Cal DOJ/SFPD MOU and the reason why it’s taken off calendar and will be addressed on August 1st.     

PUBLIC COMMENT

                Rachael Letterman spoke of concerns regarding arrests made of protestors and how arrests were done in the cover of darkness and how the less lethal impact weapon were use on protestors.

                Magick Altman spoke of children separated from their parents and how the people were supporting the protestors that are trying to end a horrendous policy and a policy to abolish ICE and the police cannot be used as pawns against the people.

                Unidentified spoke of speaking up for women who are rape victims and talked about the statute of limitations on rape cases.

                Clifford spoke of the Ice events and how police are more concern in harassing mentally health individuals and how SFPD are involved in treason and capital punishment and police needs to be abolished.

                Unidentified spoke of not getting help regarding records requests and incident report while she and her four-year old daughter were asleep and how here civil rights are getting violated again and again.

                Unidentified spoke of the raid in the encampment and how there were over hundred cops that rode up without warning. 

                Unidentified spoke of her friend who was outside the occupy encampment and how her friend was handled by the police. 

DISCUSSION AND POSSIBLE ACTION TO APPROVE ISSUANCE OF DEPARTMENT BULLETIN 18-135, PINK PATCH PROJECT TO SUPPORT BREAST CANCER AWARENESS, PER DGO 3.01, WHICH TEMPORARILY MODIFIES DGO 10.01, “UNIFORM & EQUIPMENT”

                Deputy Chief Connolly introduced Sgt. Ray Padmore who presented Department Bulletin 18-135, Pink Patch Project.

                Sgt. McCray also addressed the Commission in regards to the Pink Patch Project.  She spoke of losing active duty members to breast cancer.

                Commissioner Elias thanked the Department for bringing this project to the Commission.

PUBLIC COMMENT

                Unidentified spoke and supported the Pink Patch Project.

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

RESOLUTION 18-58

APPROVAL TO ISSUE DEPARTMENT BULLETIN 18-135,”PINK PATCH PROJECT TO SUPPORT BREAST CANCER AWARENESS,” TEMPORARILY MODIFYING DEPARTMENT GENERAL ORDER 10.01, “UNIFORM & EQUIPMENT”

                RESOLVED, that the Police Commission hereby approves the issuance of Department Bulletin 18-135, “Pink Patch Project to Support Breast Cancer Awareness,” temporarily modifying Department General Order 10.01, “Uniform & Equipment.”

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

PRESENTATION OF THE SFPD/DPA REPORT ON GENERAL ORDERS/POLICY PROPOSALS “SPARKS REPORT,” 1ST AND 2ND QUARTER 2018 

                Deputy Chief Connolly and Attorney Samara Marion presented the SFPD/DPA Report on General Orders/Policy Proposals, 1st and 2nd Quarter 2018.

PUBLIC COMMENT

                None               

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

                Taken off to be put over on August 1st.

PUBLIC COMMENT               

                Unidentified spoke in regards to Assembly Bill, AB 3118, regarding audits of rape kits backlog.

                Jonathan spoke of car break-ins and how you cannot block a public street for seven days.               

ADJOURNMENT

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

                Thereafter, the meeting was adjourned at 7:26 p.m.