Police Commission - June 20, 2018 - Minutes

Meeting Date: 
June 20, 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 5:31 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, including staffing (current staffing levels and overtime) and announcements

                Chief Scott reported on crime trends and major events.  The Chief announced that there have been 19 homicides year to date as compare to 33 this time last year.  The Chief then reported on upcoming major events including the Pride Parade on Sunday.  The Chief reported on an incident in the Tenderloin involving a solo officer who was hit with a bottle thrown by an unknown individual.  The Chief also reported on an incident that happened in May regarding a homeless man assaulted by a suspect and announced that the suspect is in custody.  The Chief commended the foot beat officers who recognized the suspect.

                The Chief reported on staffing which is currently at 1,816 FTE which is below the 1971 minimum staffing number.  As far as overtime, the department is still within its overtime budget.

b.            DPA Director’s Report

-              Report on recent DPA activities, and announcements

                Director Henderson reported on 279 cases opened year to date as compared to 267 last year, 220 cases closed, and 290 open cases as opposed to 401 open cases last year, and 23 cases that are pass the 270-day mark and reported on staffing and background process for hiring.  He also talked about meeting with the Board on the budget.   Director Henderson also talked about community outreach events including a booth at Pride events this weekend.  He also talked about meeting with CAL DOJ.

c.             Commission Reports

-              Commission President’s Report

-              Commissioners’ Reports

                Commissioner Mazzucco talked about attending the Recruit Class graduation with Commissioners Hamasaki and Elias.  Commissioner Mazzucco also talked about attending the Awards Committee Meeting.    He talked about an interview with the FBI where he was asked why the Department is not part of the JTTF.  His reply was that the people of San Francisco’s and lack of confidence with the US Department of Justice.

                Commissioner Hirsch spoke of attending the meeting with Hillard Heintze along with Commissioner Hamasaki.

                Commissioner Hamasaki spoke of attending the town hall meeting last week regarding the OIS that occurred in North Beach. 

                Commissioner DeJesus spoke of attending the Use of Force meeting along with Commissioners Elias and Hamasaki and stated that it was a beneficial question and answer for the Commissioners as well as the community.                

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

                Sgt. Ware announced that the commission will not meet next week, June 27th, and on July 4th.  The next meeting will be on Wednesday, July 11, 2018.  Sgt. Ware also announced that the CIT Awards Ceremony will be on Thursday, June 21st, at Scottish Rite Center from 1 to 4 p.m.

                Commissioner Hamasaki stated that he will attend the CIT Awards Ceremony.

                Commissioner DeJesus spoke about transparency and asked that the Disciplinary Report and FDRB Report be calendared to add more details similar to LAPD’s Board of Commissioners for transparency.

                Commissioner Hirsch stated that he asked the City Attorney for their opinion as to why the Commission cannot do something like the LAPD reporting.

                Commissioner Elias acknowledged Samara Marion of the DPA and the Sheriff’s Department for their help in showing the Commission the LAPD model of reporting.

                Commissioner Hamasaki spoke of following the lead of LAPD in regards to transparency.  He also asked about the issue of Jonathan Yank’s name being taken off the calendar.

PUBLIC COMMENT

                John Jones spoke of the Chief’s report and that it is uninformative and irrelevant because it fails to address public concerns and spoke of an article in SF Gate (document submitted).           

                Mimi Clausner spoke of shooting of Oliver Barcena and how the officer escalated a harmless situation and that the Commission could have done something to get Officer Cabillo off the street.  She asked the Commission to do something about Officer Cabillo and asked for his termination.

                Marilyn pleased to hear that the Department has made advances with the awards and medals.

                Ariana Camerena spoke of the working groups and spoke of how she was a participant and spoke of not getting responses from questions asked by the public and stated that the public does not have any idea as to what progress have been done and spoke of concerns regarding DC Connolly.

                Jeremy Miller spoke of the use of force process and meet and confer process and spoke of the POA not having any legal rights to negotiate and spoke of the hearing regarding the taser vote and that it should be thrown out.

                Unidentified spoke of de-escalation process and shooting incident at North Beach and spoke of termination of Officer Cabillo.

                Debbie Thomas, Democratic Socialist of America, spoke regarding the closed session regarding tasers.

                Unidentified spoke of attending the town hall in North Beach and concerns about officer-involved shootings and how the media showed how the gun was dropped and that it is wrong to shoot anybody in the back.

DISCUSSION AND POSSIBLE ACTION TO APPROVE ISSUANCE OF DEPARTMENT BULLETIN 18.101, MODIFYING DEPARTMENT GENERAL ORDER 6.02, “PHYSICAL EVIDENCE AND CRIME SCENES”  

                Inspector Shouldice presented the Department Bulletin 18-101.               

PUBLIC COMMENT

                None

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

RESOLUTION 18-53

APPROVAL TO ISSUE DEPARTMENT BULLETIN 18-101, “BOOKING BIOLOGICAL EVIDENCE,” MODIFYING DEPARTMENT GENERAL ORDER 6.02, “PHYSICAL EVIDENCE AND CRIME SCENES” 

                RESOLVED, that the Police Commission hereby approves the issuance of Department Bulletin 18-101, “Booking Biological Evidence,” modifying Department General Order 6.02, “Physical Evidence and Crime Scenes.”

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

PUBLIC COMMENT

                Jeremy Miller, Idriss Stelly Foundation, spoke of assaults by Officer Cabillo.

                Louis, spoke through interpreter, cousin of Louis Gongora Pat, spoke of concerns regarding Officer Cabillo and asked the Commission to take into account the history of Officer Cabillo and to demand that the Chief of Police stop covering up for his officers and stated that the Commission should have all the background of these officers and that there should be no murderers with the police department. (Document submitted)

                Arianna spoke of concerns about Officer Cabillo and how the Chief should terminate Joshua Cabillo because he is a danger to youth of color in the city.

                Unidentified gave document to the commission regarding network of bad cops in the department.  (Document submitted).

                Mimi Clausner asked the Commission to do something to prevent Officer Cabillo from torturing anybody else and asked that charges be dropped against his victim.

                Greg spoke of transparency but what is needed is accountability and real way to interfere with what is going on and spoke of people dying on the streets who do not deserve to die.

                Rafael Picassso, Mission District, spoke of enough is enough and stated that killer cops should be off the street and asked the Chief to control his officers and asked the Commission to represent the people and spoke of how the DA is not doing his job and asked that tasers should not be given to officers.

                Terry Bora spoke of chairing the CIT work group and spoke of 62 percent vote on No on H and concerns on how tasers are on the agenda again tonight.

                Commissioner Hirsch clarified a misconception regarding the closed session item on the agenda in regards to tasers and the use of force.

                Barbara Attard spoke of concern regarding the closed session item and spoke of concern regarding Jonathan Yank.

                Supervisor Cohen acknowledged the new commissioners and spoke of the reconciliation of the budget and would like to be done with the budget by June 27th.               

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

CLOSED SESSION:  (6:56 p.m. – 9:28 p.m.)

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

City Negotiator:  LaWanna Preston

Organization representing Police Officers:  SF 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, Deputy City Attorney Porter, Deputy City Attorney Yank, Director Isen, Ms. Preston, Sgt. Kilshaw, Sgt. Ware, Officer Jones, Risa Tom, Rania Adwan)

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 18-005)

(Present:  Commissioners Mazzucco, DeJesus, Hirsch, Hamasaki, Chief Scott, Deputy Chief Moser, Deputy City Attorney Cabrera, Sgt. Kilshaw, Sgt. Ware, Officer Jones, Risa Tom, Rania Adwan, Sgt. Franco, Sgt. Crudo)

                Motion by Commissioner DeJesus, second by Commissioner Mazzucco to recuse Commissioner Elias.  Approved 4-0.

Commissioner Elias is recused.

(The Commission took a short recessed at 8:59 p.m. and reconvened at 9:03 p.m.)

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, Risa Tom, Rania Adwan)

OPEN (9:28 p.m.)

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

                Motion by Commissioner Elias for non-disclosure except for the statement in the matter of Mr. Yank, second by Commissioner Hirsch.  Approved 5-0.

                Statement read by Commissioner Mazzucco:

                “Tonight, the San Francisco Police Commission expressed its concern with the assignment of Deputy City Attorney Jonathan Yank as the City’s legal advisor to the Department of Human Resources in relation to the meet-and-confer obligations for the DOJ reforms to the SFPD.

                Mr. Yank appeared in closed session to address the Commission’s concerns and stated as follows:  His ethical and legal duty is wholly and without reservation to the City and County of San Francisco.  In his time as Deputy City Attorney, he’s reviewed claims and complaints by the POA that he determined lack foundation in some sound statutory authority or decisional wall.  In his role advising the Department of Human Resources during the meet-and-confer process, his ethical and legal duty requires him to identify and oppose any arguments advanced by the POA that are not supported by sound statutory authority or decisional wall.  He will not communicate in any manner with the POA members or representative outside of his duties relating to these matters or other matters that he is assigned to within the City Attorney’s Office. 

                The Police Commission recognizes the communities’ concerns regarding the assignment of Mr. Yank as Deputy City Attorney in this matter.  It’s the role of the Police Commission to provide oversight to the San Francisco Police Department as well as draft relevant policies and procedures.  The Police Commission is confident that it will be able to fulfill its mission.”

                Commissioner Mazzucco stated that he feels very comfortable that there is absolutely no conflict with Mr. Yank serving in that role.

ADJOURNMENT

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

                Thereafter, the meeting was adjourned at 9:31 p.m.