Police Commission - June 13, 2018 - Minutes

Meeting Date: 
June 13, 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 Mazzucco announced that tonight the Commission will adjourn its meeting in honor of Patrol Special Officer Samuel Reyes who served as a patrol special officer for 47 years in the Bayview District.

CONSENT CALENDAR

-              DPA/SFPD Document Protocol Report, 1st Quarter 2018

                Motion by Commissioner Elias, 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 announced that motorcycle officer, Officer Joselito Sy, was injured today in a traffic collision.  He stated that the accident happened on Mariposa and Pennsylvania Avenue.  The officer was transporter to Zuckerberg SFGH where he was earlier listed in critical condition but is now upgraded to serious condition.

                The Chief then announced that he has two homicides to report this week making it 20 homicides year to date as compared to last year of 28 homicides.  He further reported on crime trends and statistics.

                The Chief talked about upcoming events including Juneteenth Parade, North Beach Festival, and the start of the Pride Week.

b.            DPA Director’s Report

-              Report on recent DPA activities, and announcements

-              Presentation of DPA’s 1st Quarter 2018 Statistical Report

-              Presentation of Statistical Reports:  Summary of Cases Received, Mediation of Complaints, Adjudication of Sustained Complaints for March, April, & May 2018, and Companion Reports

                Director Henderson updated the Commission on cases opened, sustained, and closed.                   

                Director Henderson then stated that the DPA’s Civic Bridge application was just accepted by the City which means that the program where private professionals mostly from technology organizations are partnered with city agencies to solve problems.  He also talked about expanding training for his staff to make sure that they get internal and external training.  He also talked about expanding outreach to the communities and staffing for his agency.

c.             Commission Reports

-              Commission President’s Report

-              Commissioners’ Reports

                Commissioner Mazzucco has no report.

                Commissioner DeJesus spoke of attending the EIS meeting and went on to explain what the Early Intervention System is about to the new commissioners and talked about the work done with the University of Chicago.

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

                Commissioner Hamasaki asked about revisions to DGO 10.11.               

                Sgt. Ware announced that the next meeting will be next week, June 20th, at City Hall, starting at 5:30 p.m.

PUBLIC COMMENT

                None.  

DISCUSSION AND POSSIBLE ACTION TO APPROVE THE ADDENDUM TO THE CALIFORNIA DEPARTMENT OF JUSTICE AND THE SAN FRANCISCO POLICE DEPARTMENT MOU 

                Commissioner Mazzucco gave a brief background information regarding this item.

                Commissioner Hirsch explained that the problem with the MOU when it was first drafted was that it ignored the Police Commission completely and the commissioners did not see it until it has been signed.  He explained that the draft before the commission tonight recognizes the role of the Commission per the Charter.               

                Chief Scott explained that the assessment done by the US DOJ will stand and that the Department is attempting to continue the work where the work was concluded by the Federal Government.  He stated that the when the work was concluded, the Department was due a public report that never got published.  The Department has to start over because all the work that the US DOJ did on this has been sealed and the Department has no access to it.  The contractor that was doing the work will be the same contractor who did the assessments and what the department is trying to do is move forward with the work and would like the public report out as soon as possible to let the public know what the Department is doing and how its progressing with the 272 reforms.  The Chief also explained that there was no intention to exclude the Commission out of this and that it’s an open door for the Commission to participate.  The Chief stated that he just wants to get the work done and stated that there is nothing to supplant the Commission’s role in this process.

                Commissioner Hirsch asked that this item be put over for two weeks.

                Commissioner Elias asked that the Commission be informed about upcoming meetings, when and where and who will be attending.

PUBLIC COMMENT

                Magick Altman stated that she was also taken by surprise and agrees that it should be put over for two weeks.

PUBLIC COMMENT

                Sheryl Davis, Human Rights Commission, dropped off CSI booklets which is a snapshot of a report from Stanford of the yearly program that’s done.  She stated that this year they have received some funding to do the program regionally, specifically in Oakland and San Jose.

                Magick Altman spoke on the defeat of Prop 8.  She then talked about the hearing before the Sunshine Task Force in regards to the meeting regarding tasers and stated that the decision should not stand.               

PUBLIC COMMENT ON ALL MATTERS PERTAINING TO CLOSED SESSION, INCLUDING PUBLIC COMMENT ON VOTE WHETHER TO HOLD CLOSED SESSION 

                Magick Altman asked what about Tasers in closed session and asked that it be discussed publically unless there’s a reason not to.

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

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

CLOSED SESSION: (6:46 p.m. – 7:50 p.m.)

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

City Negotiator:  LaWanna Preston

Organization representing Police Officers:  San Francisco Police Officers Association Anticipated Issues Under Negotiation:  DGO 2.04, “Complaints Against Officers,”  DGO 3.01, “Written Communications System,” DGO 5.02, “Use of Electronic Control Weapons,” DGO 5.15, “Enforcement of Immigration Laws,” and DGO 10.11, “Body Worn Cameras”

(Present:  Commissioners Mazzucco, DeJesus, Hirsch, Hamasaki, Elias, Chief Scott, Deputy Chief Moser, Deputy City Attorney Cabrera, Sgt. Kilshaw, Sgt. Ware, Officer Jones, Rania Adwan, Deputy City Attorney Yank, Ms. Preston, Ms. Isen)

PUBLIC EMPLOYEE PERFORMANCE REVIEW – Chief of Police

Pursuant to government Code Section 54957(b)(1) and SF Administrative Code section 67.10(b), and Penal Code Section 832.7:

Review of Findings and chief’s decision to return or not return officer to duty following an officer-involved shooting (OIS 18-004)

(Present:  Commissioners Mazzucco, DeJesus, Hirsch, Hamasaki, Elias, Chief Scott, Deputy Chief Moser, Deputy City Attorney Cabrera, Sgt. Kilshaw, Sgt. Ware, Officer Jones, Rania Adwan, Sgt. Crudo) Item is put over for a later date.

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 take the following disciplinary cases off calendar:

  • OCC 0167-15 (Withdrawal of the Appeals of the Chief’s Suspension)

  • DPA 0656-15 (Withdrawal of the Appeal of the Chief’s Suspension)

  • DPA 0543-15 (Withdrawal of the Appeal of the Chief’s Suspension)

    (Present:  Commissioners Mazzucco, DeJesus, Hirsch, Hamasaki, Elias, Chief Scott, Deputy Chief Moser, Director Henderson, Sgt. Kilshaw, Sgt. Ware, Officer Jones, Rania Adwan)

    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 Mazzucco, DeJesus, Hirsch, Hamasaki, Elias, Chief Scott, Deputy Chief Moser, Sgt. Kilshaw, Sgt. Ware, Officer Jones, Rania Adwan)

    OPEN (7:50 p.m.)

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

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

    ADJOURNMENT (7:50 p.m.)

                    Motion by Commissioner Mazzucco to adjourn the meeting in honor of Patrol Special Officer Samuel Reyes, Sr. who recently passed away, second by Commissioner Elias.  Approved 5-0.  

                    Thereafter, the meeting was adjourned at 7:50 p.m.