Police Commission - July 5, 2017 - Minutes

Meeting Date: 
July 5, 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 5:57 p.m.               

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

                       ABSENT:               Commissioner Melara

(Commissioner Mazzucco was excused at 6:40 p.m.)

ADOPTION OF MINUTES

-              For the meeting of June 21, 2017

PUBLIC COMMENT

                None               

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

CONSENT CALENDAR

-              Request of the Chief of Police for approval to accept donation of a 10-year old Quarter Horse, Nate, from the San Francisco SPCA, for the SFPD Mounted Unit, valued at $5,000.00

PUBLIC COMMENT

                None

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

RESOLUTION NO. 17-33

APPROVAL OF THE REQUEST OF THE CHIEF OF POLICE TO ACCEPT DONATION OF A 10-YEAR OLD QUARTER HORSE, NATE, FROM THE SAN FRANCISCO SPCA, FOR THE SFPD MOUNTED UNIT, VALUED AT $5,000.00  

                RESOLVED, that the Police Commission hereby approves the request of the Chief of Police to accept donation of a 10-year old quarter horse, Nate, from the San Francisco SPCA, for the SFPD Mounted Unit, valued at $5,000.00.

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

ABSENT:               Commissioner Melara

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 recent activities including upcoming traffic enforcement with the focus on pedestrian and bicycle safety.  Chief Scott then gave a brief update on crime statistics including three shooting incidents and then reported on upcoming events.

b.            DPA Director’s Report

-              Report on recent DPA activities, and announcements

                Interim Director Henderson thanked the Mayor’s Office and the Commission for the opportunity to work at DPA. 

c.             Commission Reports

-              Commission President’s Report

-              Commissioners’ Reports

                Commissioner Turman reported on attending the Annual Pride Parade and also spoke of attending the PAL Cadet Graduation and attending the CSI Program which is in its 4th year.

                Commissioner Mazzucco spoke of an incident in regards to a suicide and how it was handled by the officers with complete professionalism.

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 21st and that the Commission will be dark in the month of August.

PUBLIC COMMENT

                None

ASSIGNMENT OF COMMISSIONER FOR THE TAKING OF EVIDENCE IN DISCIPLINARY CHARGES FILED AGAINST ASSISTANT PATROL SPECIAL OFFICER JON ADAMSON, START NO. 2536, IN CASE NO. ALW IAD 2016-0193 AND 2016-0278   

                Assigned to Commissioner Mazzucco.

PUBLIC COMMENT

                None

RESOLUTION NO. 17-34

ASSIGNMENT OF COMMISSIONER AND SETTING OF DATE FOR THE TAKING OF EVIDENCE ON DISCIPLINARY CHARGES FILED AGAINST ASSISTANT PATROL SPECIAL OFFICER JON ADAMSON, STAR NO. 2536 (FILE NOS. ALW IAD 2016-0193 & 2016-0278)    

                WHEREAS, the assignment of a Commissioner and setting of date for hearing on disciplinary charges filed against Assistant Patrol Special Officer John Adamson, Star No. 2536, was called it having been set for this date; and

                WHEREAS, Commissioner Thomas Mazzucco is hereby assigned to conduct taking of evidence in the disciplinary charges filed against Assistant Patrol Special Officer Adamson; therefore be it

                RESOLVED, that Commissioner Thomas Mazzucco is hereby assigned to conduct taking of evidence in the disciplinary charges filed against Assistant Patrol Special Officer Jon Adamson, Star No. 2536, and is to be set at a later date.

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

ABSENT:               Commissioner Melara

DISCUSSION AND POSSIBLE ACTION TO ADOPT REVISED DEPARTMENT GENERAL ORDER 5.15, “ENFORCEMENT OF IMMIGRATION LAWS,” OR TAKE OTHER ACTION, IF NECESSARY 

                Commissioner Turman made the following statement:

                “On tonight’s agenda we have for discussion and possible action to adopt and revised Department General Order 5.15, “Enforcement of Immigration Laws.”

                The Board of Supervisors originally enacted the City’s Sanctuary Policy back in 1989.  Since then there have been numerous revisions to the City’s Sanctuary Policy with the most recent legislative change occurring in July of 2016.  Our Department General Order reflecting the City’s Sanctuary Policy has not been revised since 1995.

                Although the Department General order is outdated, the Department has issued Department Bulletins that have kept up with the legislative changes found in Administrative Code section 12H and 12I to provide the officers with direction.

                Now, the Department has taken language from the Department Bulletins and added them into the draft General Order that we have before us in our packets.  The draft General Order is not changing our Sanctuary Policy as the Board of Supervisors has already decided the policy for the City and County of San Francisco.  We are being asked to update the General Order to reflect changes to our existing laws.”

                Chief Scott made the following statement:

                “…. As reflected in our City laws, it is the policy of the City and the Police Department to foster respect and trust between law enforcement and residents, to protect limited resources, to encourage cooperation between residents, City officials, and law enforcement to ensure community security.

                The changes to the draft Department General Order reflect the laws as they exist today in 12H and 12I of the Administrative Code.  The Department has issued Department bulletins to reflect the Administrative Code changes to our policies.  We are taking existing language from those bulletins and incorporating them into the draft General Order.  We have added language that reflects the prohibition against asking and disseminating the release status of an individual.  We have also expressly incorporated procedures for confirming warrants that officers already follow.  We have also made some formatting changes, moved text for the ease of reading, and added clarifying language.

                We want to assure all residents and visitors of San Francisco that they can report crimes and cooperate with SFPD without fear of any member inquiring into his or her immigration status.

                The updated policy outlines that SFPD members shall not stop, question, or detain individuals based on appearance, national origin, or limited English proficiency, or LEP; shall not require individuals to produce any documents to prove their immigration status; shall not assist with immigration and customs enforcement or ICE, or Custom and Boarder Protection or CPB enforcing immigration laws; shall not arrest or detain an individual for an administrative warrant or a civil warrant.  This policy and existing Department Bulletins provide samples of administrative ICE warrants; shall provide only emergency assistance to the extent members would respond to emergency assistance to any other law enforcement agency.  For example, when the member determines there’s an emergency posing a significant and immediate danger to the public safety of an ICE or BCP agent.  And this scenario when there’s an enormous amount of supervision in place to make sure that that situation is properly supervised. Members providing emergency assistance to ICE or CBP shall immediately notify their supervisor and complete an incident report describing the reason for their assistance. 

                The policy also requires Department Bulletins to be issued as necessary to update members on recognizing the most current law enforcement database returns on both administrative and civil warrants.  The policy distribution, the Department – as far as the policy distribution, the Department will provide an electronic copy of the policy to all members.  Members will be required to review the policy and adhere to its requirements and members are required electronically acknowledge receipt and review of the policy.  This allows for tracking and auditing of review. 

                As to training, training coordinators will be required to conduct roll call training on this policy department-wide.  Members will be required to sign the roll call training sheet and members will be provided with the hard copy of the updated department general order and department bulletin 17-016, “Prohibition on the Enforcement of Administrative Immigration Warrants.”  This bulletin assists members in identifying administrative warrants. 

                As to supervision, when notified that a member is providing emergency assistance to ICE or CBP, supervisors shall immediately respond to the location and ensure such assistance is warranted.  If ICE and CBP requests assistance with an operation, members must obtain approval from their bureau Deputy Chief.  

                As to accountability, the Department will continue to meet with community stakeholders, that is LEP working group and others, city agencies including DPA, the Office of Civic Engagement and Immigrant Affairs to obtain feedback regarding member-compliance with this policy.

                As to discipline, all violations of this policy will be thoroughly investigated and discipline imposed where appropriate.

                And, finally, I’d like to reiterate than on January 31, 2017, I along with Mayor Ed Lee and Sheriff Vicki Hennessey, signed a letter to the Secretary of Homeland Security, and for those of you that aren’t familiar it, I have a copy of it with me.  That letter spells clearly the values of the City and County of San Francisco as it relates to us being a sanctuary city. And in the letter, I’ll just summarize, we wrote to inform the secretary that in the interest of public safety of the City and County of San Francisco declines to participate in any agreement under Section 287G of the INA, that’s 8USC section 1357G, referred to in section 8 and section 10 of the Enhancing Public Safety in the Interior of the United States and Border Security and Immigration Enforcement Improvement executive orders respectively issued on January 25, 2017.  The United States Supreme Court and other Federal Courts have repeatedly emphasized that the administration of immigration laws is the responsibility of the Federal Government, not cities and states.

                Our community policing efforts are effective only if we have trust and cooperation of the communities we are charged to protect.  Addressing local jurisdictions to become entangled in federal immigration enforcement and betray the trust and undermines the work our public safety departments have done to improve relations with our residents.  We will not jeopardize the public safety of our community to do the job of the Federal Government.  Our law abiding residents are safer when they can report crimes, get immunizations, and enroll their children in public schools.  If cities acquiesce to your demands to carry out immigration enforcement, we will lose the trust of our community.  San Francisco will continue to honor valid criminal warrants and local court orders as we always have, however, we encourage the Department of Homeland Security to work with congressional leaders to pass a comprehensive immigration reform in a thoughtful manner rather than asking states and cities to show that the failure of the Federal Government to address this issue.  And this letter was signed by myself, Sheriff Vicki Hennessey of the San Francisco Sheriff’s Department, and Mayor Ed Lee.  I think that that in and of itself summarizes our passion and our commitment to our city being a Sanctuary City to protect the rights of all residents and to enhance our public safety as it relates to this issue.  Thank you.”

                Commissioner Hing addressed the public and spoke of how the city supports the sanctuary ordinance and its philosophy and what it represents.  And stated that immigrants are welcome in this city and for that reason, it is important to bring the DGO up to speed in terms of what the Board of Supervisors and the Mayor have already done.

                Motion by Commissioner Hing, second by Commissioner Marshall to adopt draft language of DGO 5.15. 

                Commissioner Mazzucco also addressed the public and supports the Chief, the Mayor, and the City of San Francisco and Professor Hing in his opinion in this matter.

                Commissioner DeJesus spoke of how important this issue is to the Commission.  She asked that the commission form a formal working group that includes the POA, DPA, and community stakeholders to do further review to see if additional changes are needed.

                Director Henderson stated the DPA looks forward to the participation and the notice and drafting of future DGOs and stated that as to this current DGO, his office has a number of insights about future amendments that will reflect both community concerns as well and ongoing legal analysis.

PUBLIC COMMENT

                Marisa, coordinator for SF Island and Rapper Response Network, spoke of concerns regarding the joint task force operations in San Francisco which resulted in collateral arrests.  She spoke of witnessing an operation with SFPD and ICE where individuals were detained.  She asked that SFPD not continue with working with ICE.

                Danielle need for transparency and need for the community to feel safe and spoke of calls from the community regarding ICE activities.  She spoke of the need for transparency and have open channel of communications between the community and SFPD.

                Dolores spoke that more has to be done for the community to understand between SFPD and immigration agents.  She read a statement made by a 20-year resident who was arrested by immigration agents under the guise of SFPD.

                Sara, Asian Law Caucus, spoke of lack of transparency involving community stakeholders.  She spoke of changes they would like to see.

                Father Richard Smith, St. John Episcopal Church, spoke of the level of fear is higher as compared to last year.  He said that it is important to get the word out and that the Department’s reassurance is really critical.

                John Jones suggested language in addition to the DGO:  “A member’s good faith belief that his or her actions are consistent with this G.O. shall be a complete defense to any discipline for non-compliance with this order.  A member’s failure to understand the scope of immigration law may form the basis of a good faith belief.” 

                Motion by Commissioner Hing, second by Commissioner Marshall. 

Approved 5-0.  (Commissioner Mazzucco was excused before the vote.)

RESOLUTION 17-35

ADOPTION OF REVISED DEPARTMENT GENERAL ORDER 5.15, “ENFORCEMENT OF IMMIGRATION LAWS”  

                RESOLVED, that the Police Commission hereby approves to adopt revised Department General Order 5.15, “Enforcement of Immigration Laws,” which states:

ENFORCEMENT OF IMMIGRATION LAWS

The purpose of this order is to establish policies regarding the San Francisco Police Department’s role in the enforcement of immigration laws and cooperation with U.S. Immigration and Customs Enforcement (“ICE”), U.S. Customs and Border Protection (“CBP”) or successor agencies whose role is to enforce immigration laws, in conformity with state and federal laws and San Francisco Administrative Code Chapters 12H and 12I.

I. POLICY.               
It is the policy of the San Francisco Police Department to foster respect and trust between law enforcement and residents, to protect limited local resources, to encourage cooperation between residents, City officials, and law enforcement, and to ensure community security. It is also Department policy, consistent with its obligations under state and federal law, to adhere to San Francisco Administrative Code Chapters 12H and 12I. These Chapters generally prohibit the use of City resources to assist in the enforcement of federal immigration laws, except as required by federal or state law. 

II. STATE AND LOCAL LAW.  In accordance with Chapter 12H and state law, members of the Department shall, in performing their official duties, adhere to all of the following:

A.            DETENTION: Members shall not stop, question, or detain any individual solely because of the individual's national origin, foreign appearance, inability to speak English, or immigration status (also see DGO 5.03, Investigative Detentions).  Members shall not inquire into an individual’s immigration status. 

B.            DOCUMENTS: In the course and scope of their duties e.g., traffic enforcement, investigations, and taking reports, members shall not require individuals to produce any document to prove their immigration status.

C.            ASSISTING ICE/CBP: Members shall not cooperate with or assist ICE/CBP in any investigation, detention, or arrest procedures, public or clandestine, where in any such instance the purpose is enforcing federal immigration laws.

 D.           INFORMATION GATHERING/DISSEMINATION FOR IMMIGRATION ENFORCEMENT PURPOSES:

1)            Release Status/Confidential Information for immigration enforcement purposes. Members shall not request information about, or disseminate information, regarding the release status of any individual or any other confidential, identifying information such as home, work, or family or emergency contact information, except as required by federal or state law.

2)            Services. The Department shall not include on any application, questionnaire, or interview form it uses in relation to benefits, services, or opportunities provided by the City and County of San Francisco, any questions regarding immigration status other than those required by federal or state law.

E.            ICE/CBP DETAINERS/ADMINISTRATIVE (CIVIL) WARRANTS: Members shall not arrest or detain an individual, or provide any individual's personal information to a federal immigration officer, solely on the basis of an administrative (civil) warrant, prior deportation order, or other civil immigration document that only addresses alleged violations of the civil provisions of immigration laws.  Members shall not place an administrative (civil) immigration hold or detainer on an individual who is in custody.  National Crime Information Center (“NCIC”) or California Law Enforcement Telecommunication System (“CLETS”) warrant responses currently make clear whether the warrant is administrative (civil) or criminal.

                Members shall adhere to all of the following when reviewing or examining outstanding warrants in the NCIC or CLETS system.  Members:

1)            Shall contact the Sheriff’s Central Warrant Bureau (“CWB”) to confirm any warrant before taking action on the warrant.

2)            Shall not enforce federal administrative (civil) warrants for arrest (currently Department Homeland Security (“DHS”) Form I-200) or for removal/deportation (currently DHS Form I-205).

3)            Shall not enforce Administrative Immigration Detainer – Notice of Action (currently DHS Form I-247A). 

4)            May enforce criminal warrants after consulting with CWB and confirming the criminal warrant.

5)            Shall record the name of the individual from CWB staff who confirmed the criminal warrant in the incident report.  (See DGO 6.18, Warrant Arrests).

III. PROVIDING EMERGENCY ASSISTANCE TO ICE/CBP.

A.            ICE/CBP REQUESTS FOR EMERGENCY ASSISTANCE: Members may provide emergency assistance to ICE/CBP to the same extent members would respond to emergency assistance to any other law enforcement agency.  For example, members may provide emergency assistance when the member determines there is an emergency posing a significant and immediate danger to public safety or to the ICE/CBP agents.

B.            DUTIES OF MEMBERS: Members providing emergency assistance to ICE/CBP shall immediately notify their supervisor and complete an incident report describing the reasons for their assistance.

C.            DUTIES OF SUPERVISORS: When notified that a member is providing emergency assistance to ICE/CBP, supervisors shall immediately respond to the location and ensure that such assistance is warranted.

D.            TRANSPORTATION: Members shall not assist ICE/CBP in transporting individuals suspected solely of violating federal immigration laws.

E.            ASSISTANCE: Members shall not provide assistance to ICE/CBP agents for routine ICE/CBP operations, investigations, or raids.  If ICE/CBP requests assistance that does not amount to an emergency as outlined in this section, members shall follow the protocols listed for Interagency Operations (see DGO 5.14, Interagency Operations). 

IV. ASSISTING OTHER LAW ENFORCEMENT AGENCIES AND FOREIGN GOVERNMENT.               

A.            INTERAGENCY OPERATIONS: If ICE/CBP requests assistance with a planned, unplanned, or spontaneous operation, members must obtain approval from the member’s Assistant Chief. (See DGO 5.14, Interagency Operations.)

B.            JOINT CRIMINAL OPERATIONS: Members may continue to collaborate with other law enforcement agencies, with approval of the member’s Assistant Chief, to protect public safety and participate in joint criminal investigations that are permitted under Department policy or applicable city or state law. When a member becomes aware that the criminal investigation involves the enforcement of immigration laws, the member shall:

                1)            Notify a Supervisor; and

                2)            Cease operations if doing so would not pose a risk to the officers or the public; and

                3)            Suspend Interagency Operations.

C.            ASSISTING FOREIGN GOVERNMENT: Members shall not assist or cooperate with any investigation, surveillance, or gathering of information conducted by foreign governments, except for cooperation related to an alleged violation of City and County, State, or Federal criminal laws. (See DGO 8.10, Guidelines for First Amendment Activities.)  Any assistance or cooperation with a foreign government must be approved by the member’s Assistant Chief. (See DGO 5.14, Interagency Operations.)  Members requesting approval of the Interagency Operation shall notify the Officer-In-Charge (“OIC”) of the Special Investigations Division (“SID”) who will evaluate whether the U.S. State Department should be notified of the assistance or cooperation. 

V.            DEPARTMENT BULLETINS. Department Bulletins describing current versions or relevant examples of DHS forms and the most current samples of NCIC or CLETS print-outs of both administrative (civil) and criminal warrants will be issued as necessary. 

VI. COMPLIANCE WITH OTHER STATE OR LOCAL LAWS. Nothing in this General Order prohibits members from performing their duties in enforcing state and local laws.

References

DGO 5.03, Investigative Detentions

DGO 5.14, Interagency Operations

DGO 6.18, Warrant Arrests

DGO 8.10, Guidelines for First Amendment Activities

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

         ABSENT:      Commissioners Mazzucco, Melara

PUBLIC COMMENT

                Unidentified spoke in regards to tasers and spoke of an incident involving tasers and discussed concerns regarding tasers.

                Norman Sabel spoke of being arrested and complaint made to OCC and officer’s misconduct and how the complaint is unfounded when there was a recorded statement.

                Ms. Paulette Brown spoke of her son, Aubrey Abrakasa, who was murdered on August 14 2006 and that the department has all the names of the perpetrators who killed her son.  She asked for help to solve her son’s case. 

PUBLIC COMMENT ON ALL MATTERS PERTAINING TO CLOSED SESSION

                None      

VOTE ON WHETHER TO HOLD CLOSED SESSION

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

CLOSED SESSION (7:15 p.m. – 7:45 p.m.)

CONFERENCE WITH LEGAL COUNSEL – Existing Litigation.  Pursuant to Government Code Section 54956.9(a) and SF Administrative Code Section 67.10(d)(1)

Linda Chen v. CCSF et al., SF Superior Court, Case No. CGC-14-542604, filed April 23, 2015

(PRESENT:  Commissioners Turman, Marshall, DeJesus, Melara, Hing, Hirsch, Chief Scott, Assistant Chief Sainez, Deputy City Attorney Cabrera, Sgt. Kilshaw, Sgt. Rodriguez, Officer Jones, Risa Tom, Rania Adwan)

CONFERENCE WITH LEGAL COUNSEL – Existing Litigation.  Pursuant to Government Code Section 54956.9(a) and SF Administrative Code Section 67.10(d)(1)

Morgado v. CCSF et al., SF Superior Court, Case No. A141681, notice of appeal filed April 24, 2014

(PRESENT:  Commissioners Turman, Mazzucco, Marshall, DeJesus, Melara, Hing, Hirsch, Chief Scott, Assistant Chief Sainez, Deputy City Attorney Cabrera, Sgt. Kilshaw, Sgt. Rodriguez, Officer Jones, Risa Tom)

Taken off calendar to be scheduled at a later date.

PERSONNEL EXCEPTION:  Pursuant Government Code Section 54957(b)(1) and San Francisco Administrative Code Section 67.10(b) and Penal Code Section 832.7:  Assignment of Commissioner for the taking of evidence in the Appeal of the Chief’s Suspension field in Case No. OCC 0167.15

(PRESENT:  Commissioners Turman, Marshall, DeJesus, Melara, Hing, Hirsch, Chief Scott, Assistant Chief Sainez, Sgt. Kilshaw, Sgt. Rodriguez, Officer Jones, Risa Tom, Rania Adwan, Attorney Shea, Attorney Fraenkel for Attorney Fortes)

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, Marshall, DeJesus, Melara, Hing, Hirsch, Chief Scott, Assistant Chief Sainez, Deputy City Attorney Cabrera, Sgt. Kilshaw, Sgt. Rodriguez, Officer Jones, Risa Tom, Rania Adwan)

OPEN SESSION (7:46 p.m.)

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

                Motion by Commissioner DeJesus,   second by Commissioner Hing for non-disclosure.  Approved  5-0.

ADJOURNMENT

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

                Thereafter, the meeting was adjourned at 7:47 p.m.