Police Commission - June 6, 2018 - Minutes

Meeting Date: 
June 6, 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 5:38 p.m.               

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

                Commissioner Mazzucco welcomed everyone in attendance.  Commissioner Mazzucco announced that the meeting will be adjourned in memory of Commissioner Julius Turman.

                Commissioner Mazzucco welcomed new commissioners, Cindy Elias and John Hamasaki.

ADOPTION OF MINUTES

-              Meeting of May 2, 2018

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

PUBLIC COMMENT

                None

CONSENT CALENDAR

-              Request of the Chief of Police to accept $20.00 donation from Charles Chow of the Chinese Consolidated Benevolent Association for the San Francisco Police Department’s Police Activities League (PAL)

-              Request of the Chief of Police to accept furniture donation, valued at approximately $9,500.00, from StubHub Ticket Services, for use at District Stations

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

PUBLIC COMMENT

                None

RESOLUTION NO. 18-35

 

APPROVAL OF THE REQUEST OF THE CHIEF OF POLICE TO ACCEPT DONATION OF $20.00 FROM CHARLES CHOW OF THE CHINESE CONSOLIDATED BENEVOLENT ASSOCIATION FOR THE SAN FRANCISCO POLICE DEPARTMENT’S POLICE ACTIVITIES LEAGUE (PAL) 

                RESOLVED, that the Police Commission hereby approves the request of the Chief of Police to accept donation of $20.00 from Charles Chow of the Chinese Consolidated Benevolent Association for the San Francisco Police Activities League.

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

RESOLUTION NO. 18-36

APPROVAL OF THE REQUEST OF THE CHIEF OF POLICE TO ACCEPT DONATION OF FURNITURE, VALUED AT APPROXIMATELY $9,500.00, FROM STUBHUB TICKET SERVICES, FOR USE AT DISTRICT STATIONS 

                RESOLVED, that the Police Commission hereby approves the request of the Chief of Police to accept donation of furniture, valued at approximately $9,500.00, from StubHub Ticket Services, for use at District Stations.

                AYES:     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

                Chief Scott reported on crime trends and major events.  The Chief then reported on two homicide incidents and upcoming major events.  The Chief then spoke of an article in regards to “Policing the Teen Brain.”  This training is to improve relationships between officers and youth.

b.            DPA Director’s Report

-              Report on recent DPA activities, and announcements

                Director Henderson updated the Commission on cases opened, sustained, and closed.    Director Henderson stated that they are in the midst of hiring senior investigators and an attorney and have recently filled their IT position.  Director Henderson also talked about hiring a professionally qualified bilingual investigator.  He also talked about his staff attending a use of force training in Las Vegas and that they are currently working on their budget with the Mayor’s Office and the Board.

c.             Commission Reports

-              Commission President’s Report

-              Commissioners’ Reports

                Commissioner Mazzucco spoke of what the commissioners have done during the break.  Commissioner Mazzucco spoke of attending the Firearm Discharge Review Board meeting.

                Commissioner Hirsch reported on working on the disciplinary and penalty guidelines and that he is working with Commission staff to rewrite it and then will meet with the Department and DPA to get their input and eventually present it to the Commission.  He stated that it will go to meet and confer at some point.

                Commissioner DeJesus spoke of the upcoming EIS meeting on June 13th, from 12 to 1, at PHQ, Room 1025, and Use of Force meeting on June 19th starting at 1 p.m.                

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

                Sgt. Kilshaw announced that the next meeting will be next week, June 13th, at City Hall, starting at 5:30 p.m.

PUBLIC COMMENT

                None.  

DISCUSSION AND POSSIBLE ACTION TO APPROVE THE REQUEST OF THE DEPARTMENT TO SUBMIT A BUDGET MODIFICATION TO THE BOARD OF SUPERVISORS, REALLOCATING $6,174,380.23 IN SALARIES BUDGET TO INTERDEPARTMENTAL SERVICES FOR WORKER’S COMPENSATION 

                Director McGuire, Chief Financial Officer, presented the request for budget modification.

PUBLIC COMMENT

                None

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

RESOLUTION NO. 18-37

APPROVAL TO RECOMMEND THAT THE BOARD OF SUPERVISORS APPROVE A BUDGET MODIFICATION REALLOCATING $6,174,380.23 IN SALARIES BUDGET TO INTERDEPARTMENTAL SERVICES FOR WORKER’S COMPENSATION

RESOLVED, that the Police Commission hereby recommend that the Board of Supervisors approve a budget modification reallocating $6,174,380.23 in salaries budget to interdepartmental services for worker’s compensation.

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

DISCUSSION AND POSSIBLE ACGTION TO APPROVE ISSUANCE OF DEPARTMENT BULLETIN 18-033, PER DGO 3.01, MODIFYING DEPARTMENT GENERAL ORDER 5.09, “ABSENTIA BOOKINGS AND PRISONER SECURITY” AND DEPARTMENT BULLETIN 18.101, MODIFYING DEPARTMENT GENERAL ORDER 6.02, “PHYSICAL EVIDENCE AND CRIME SCENES”

                Deputy Chief Connolly presented Bulletin 18-033 modifying DGO 5.09, “Absentia Bookings and Prisoner Security.”  Department Bulletin 18-101 is taken off calendar.

PUBLIC COMMENT

                None

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

RESOLUTION 18-38

APPROVAL TO ISSUE DEPARTMENT BULLETIN 18-033 MODIFYING DEPARTMENT GENERAL ORDER 5.09, “ABSENTIA BOOKINGS AND PRISONER SECURITY” 

                RESOLVED, that the Police Commission hereby approves the issuance of Department Bulletin 18-033 modifying Department General Order 5.09, “Absentia Bookings and Prisoner Security.”

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

PUBLIC COMMENT

                Karen Fleshman spoke of the racist text scandal and asked of what the status of the Grand Jury report on fatal officer involved shootings and spoke of transparency for disciplinary cases.

                Bernstein spoke of Proposition H and asked that the ECD decision be reconsidered.               

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 INCLUDING VOTE WHETHER TO ASSERT THE ATTORNEY-CLIENT PRIVILEGE                

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

CLOSED SESSION:  (6:38 p.m. – 7:27 p.m.)

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

Sarah Vigil v. CCSF, Unlitigated Claim No. 18-00749, filed October 6, 2017

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

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

Robert Brown v. CCSF, et al., US District Court Case No. 16-CV-04671-DMR, filed August 13, 2016

(Present:  Commissioners Mazzucco, DeJesus, Hirsch, Hamasaki, Elias, Chief Scott, Deputy Chief Moser, Deputy City Attorney Cabrera, 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 18-004) Taken off calendar

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

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

Rain O. Daugherty v. City and County of San Francisco, et al., File No. CPF 15-514302, filed May 11, 2015

(Present:  Commissioners Mazzucco, DeJesus, Hirsch, Hamasaki, Elias, Deputy City Attorney Mongan, Sgt. Kilshaw, Sgt. Ware, Officer Jones, Risa Tom, Rania Adwan)

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:

Assignment of an appeal of the Chief’s Suspension filed in Case No. DPA 0460-16 to an individual Commissioner for the taking of evidence on a date to be determined by the Commissioner

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

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:

Assignment of an appeal of the Chief’s Suspension filed in Case No. IAD 2016-0182 to an individual Commissioner for the taking of evidence on a date to be determined by the Commissioner

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

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:

Reassignment of the following disciplinary cases to individual Commissioners for the taking of evidence on a date to be determined by the Commissioner:

ALW IAD 2015-0036

ALW IAD 2015-0087

ALW IAD 2017-0191

ALW IAD 2016-0136

ALW IAD 2017-0229

ALW IAD 2015-03357 & ALW IAD 2017-0332

IAD 2017-0263

IAD 2015-0325

IAD 2017-0095

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

OPEN (7:27 p.m.)

 

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

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

ADJOURNMENT

                Motion by Commissioner Mazzucco to adjourn the meeting in honor of Commissioner Turman who recently passed away, second by Commissioner DeJesus.  Approved 5-0.  

                Thereafter, the meeting was adjourned at 7:29 p.m.