Police Commission - May 4, 2016 - Minutes

Meeting Date: 
May 4, 2016 - 5:30pm
Location: 
City Hall, Room 400
#1 Dr. Carlton 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 5:35 p.m.              

PRESENT:             Commissioners Loftus, Turman, Mazzucco, DeJesus, Marshall, Hwang, Melara

(Commissioner Hwang arrived at 6:50 p.m.  Commissioner DeJesus was excused at 11:40 p.m.)

ADOPTION OF MINUTES

-              For the meetings of April 6, 13, and 20, 2016

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

PUBLIC COMMENT

                None

CONSENT CALENDAR

-              SFPD/OCC Document Protocol Report, 1st Quarter 2016

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

PUBLIC COMMENT

                Ray Hartz spoke about last week’s meeting and being accused in public of violating the Mayor’s ordinance.  He went on to asked for a public apology from the president or else he would file a complaint with the Sunshine Task Force.

                Jim Salinas congratulated Chief Suhr and commended him for five years as Chief of Police.  He also asked the Commission to start to think outside the box and stated that the Chief cannot do the job alone.

                Unidentified spoke of the city’s turmoil.

(The Commission recessed at 5:40 p.m.  Reconvened at 8:00 p.m.)

                Unidentified spoke against tasers and how it’s a weapon of torture. 

                Ms. Paulette Brown spoke of her son Aubry Abrakasa who was murdered August 14, 2006 and how there’s $250,000 reward issued by the Mayor’s Office for the perpetrators who murdered her son.  She stated that the police, the DA knows who killed her son: Thompson Hannibal, Paris Moffett, Andrew Videau, Jason Thomas, Anthony Hunter, Mauric Carter. 

                Nia Parks, SF resident, spoke on the issue of the hunger strikers and how they are not on the agenda and how nothing is done.  She spoke of how the general orders are not enforced and that accountability is not held.

                John Crew spoke of the PERFs report regarding use of force and stated that the policy has been issued four times and how rules are not followed.  He went on to talk about transparency.

                Barbara Attard, Police Accountability Consultant, spoke about accountability and how it is the responsibility of those in office to hold the Chief accountable and the responsibility of the Chief to hold the officers accountable.  She stated that the Mario Woods shooting should not have happened.  She talked about tasers and how misused, the number of deaths go up dramatically.  (Document submitted)

                Karen spoke of how the Commission can fire the Chief and asked what more evidence is required and spoke of behavior of officers.

                Unidentified spoke of replacing the board with democratic elected board members.

                Bill Ham spoke of how Chief Suhr should go and asked the Commission to reform the training of the police and more time spent on constitutional law and time spent on dealing with individual with mental issues. 

                Unidentified showed a video of officers using tasers and its effect on individuals.

                Unidentified showed a video in regards to tasers.

                Unidentified showed a video in regards to tasers. (Documents submitted)

                Stella Johnson discussed concerns.

                Claudia Stevens spoke of how her daughter was murdered six years ago and how she was a victim of domestic violence and the Taraval police let the suspect go.

                James talked about leadership and how there is so much pain in the city and very little trust in the SFPD.  He stated that a change in leadership will show the community that leadership is serious about accountability.  He stated that the commission should discuss leadership and whether or not the Commission believes that the Chief should be fired.

                Jesus Perez spoke against the tasers and spoke of how he has a heart problem and if he was tazed he does not think he will make it and that tasers are not needed.

                Unidentified spoke on how the community is unhappy and reform is necessary and that the Chief should go.  He stated that the hiring process should be reformed and that officers should have a college degree.

                Tammy Bryant spoke of the Mario Woods’ incident and stated that the use of force is completely without merit and that officers can just talk to people.  She went on to talk about the “Frisco Five” and spoke of the racist text messages and how they are not acceptable.

                Alicia spoke of the history of the police department and that history comes from slavery.  She stated that that history is not far away.  She asked that resources be invested in the community.

 

DISCUSSION ON USE OF FORCE DRAFT POLICY AND DRAFT CONDUCTED ENERGY DIVICES BUREAU ORDER                                                                

                Taken out of order.

                Commissioner Loftus thanked all the stakeholders who participated in the preparation of the draft policy.

                Jennifer Friedenbach, Coalition on Homelessness, spoke around the use of minimum versus reasonable and that the work reasonable is a step back in terms of force and prefers the language of minimal and necessary.  The second piece is verbal de-escalation and that language should be safe and reasonable.  Third, Crisis Intervention Team should be considered along with the three DGOs and directives due to overlap in a lot of the areas.  She stated that there is still a lot of work on the crisis intervention team.  She went on to talk about opposing the use of CEDs and that it is not appropriate to introduce a new weapon at this time.

                Samara Marion, OCC Policy Analyst, spoke of the letter from the Bar Association and how it lays out the ground work from the meetings.  She spoke of having clear agreement that there will be data collection, they will be collected, on the website, and make it available  to see what is working and what is not working.  She went on to talk about the Department acknowledging how terrifying it is to point a gun and set the standard and training.  Minimal reliance of force which means putting de-escalation in center.  She also recommends to restrict shooting at cars.  Proportionality language should be looked at.  She urged the commission to look at case law with California Case of Hayes to see whether use of force is reasonable and to evaluate what went right and what went wrong to analyze if use of force was appropriate.

                Commissioner DeJesus discussed concerns regarding language changed by the city attorney and why it was not tracked. 

                Kevin Benedicto, Blue Ribbon Panel, thanked the Commission for allowing the panel to provide their input.  They support “shall” mandatory language as the best fit for the goals of the Commission.  The second comment is about CEDs and that the panel has decided to withdraw support for the redlined version and that they do not take position to the language and that CEDs should be considered separately from the use of force policies.               

Commissioner Loftus:

                Paragraph submitted by ACLU, Bar Association be included in a version;

                Minimal Force

                Shall vs should to de-escalate (Comment 7, page 4)

                Proportionality (wait for US DOJ recommendations) go back to reflect original intent.

                Training (reference CIT DGO)

PUBLIC COMMENT

                Stella Johnson discussed concerns.

                John Crew thanked the Commission for their work and spoke about input on tasers and that the input is that this is not the time to consider tasers.  He went on to talk about data and that data should have been there.  He stated that tasers lead to more uses of force.

                Unidentified spoke of no on tasers and that nets should be considered because there is no torture in that and went on to talk about actions of officers.

                Barbara Attard spoke of ECDs be considered separately and that there should be hearings into bringing in a new weapon.

                Unidentified opposed tasers and that tasers does not represent de-escalation and that they are not non-lethal or less lethal.

                Jennifer Freidenbach, Coalition on Homeless, spoke of the Taser Company and how it shuts down neurological systems. 

                Jesus, Coalition on Homeless, stated that people have heart conditions and under medications and tasers can kill.

(Commission recessed at 11:30 p.m. and returned 11:40 p.m.)    

REPORTS AND ANNOUNCEMENTS

a.            Chief’s Report

(This item is to allow the Chief of Police to report on recent Police Department activities and make announcements.) 

-              Team Response to Crisis Intervention Tactics

-              Update from the Professional Standards Bureau in regards to Collaborative Review status and Bureau Organization

-              Presentation of the Safe Streets for All Quarterly Report, 1st Quarter 2016

-              Presentation of the 1st Quarter 2016 FDRB Findings and Recommendations and OIS Investigative Summary (Put over to later date)               

                Chief Suhr spoke about hiring and hiring in San Francisco and stated that there are 97 recruits in the Academy right now.  The Chief also talked about CIT and what is done in Seattle.

                Captain Hart presented the update from the Professional Standards Bureau in regards to the Collaborative Review and Bureau Organization.

                Captain Oberzeir presented the Safe Streets for All Quarterly Report, 1st Quarter 2016. 

b.            OCC Director’s Report

(This item is to allow the Director to report on recent OCC activities and make announcements.)

                Director Hicks deferred her report to next week.

c.             Commission Reports

-              Commission President’s Report

                -              Blue Courage Training and Discipline Reporting

-              Commissioners’ Reports

                -              Commissioner DeJesus to give an update on EIS Meeting (put over)

                Commissioner Loftus spoke of attending the Blue Courage training and encouraged all commissioners to attend.  She went on to commend Captain Hart for providing the training.

                Commissioner Loftus also talked about discipline reporting and would like to work with the OCC on reporting.

                Commissioner Loftus spoke of visiting Mission Station and speaking with the Frisco Five.               

d.            Commission Announcements and scheduling of items identified for consideration at future Commission meetings

                Commissioner Hwang asked for report re body cameras.

PUBLIC COMMENT

None                                  

PUBLIC COMMENT ON ALL MATTERS PERTAINING TO CLOSED SESSION

None                 

VOTE ON WHETHER TO HOLD CLOSED SESSION

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

CLOSED SESSION (12:10 a.m. – 12:15 a.m.)

Pursuant to Government Code Section 54957(b)(1) and San Francisco

Administrative Code Section 67.10(b) and Penal Code Section 832.7:

PERSONNEL EXCEPTION:  Assignment of disciplinary charges filed in Case No. ALW IAD 2016-0032 to an individual Commissioner for the taking of evidence on a date to be determined by the Commissioner

(PRESENT:  Commissioners Loftus, Turman, Marshall, Mazzucco, Melara, Hwang, Chief Suhr, Deputy Chief Sainez, Deputy City Attorney Cabrera, Sgt. Kilshaw, Risa Tom, Attorney Worsham, Attorney Betzs for Attorney Rains, member involved)             

Pursuant to Government Code Section 54957(b)(1) and San Francisco

Administrative Code Section 67.10(b) and Penal Code Section 832.7:

(PRESENT:  Commissioners Loftus, Turman, Marshall, Mazzucco, DeJesus, Melara, Hwang, Chief Suhr, Deputy Chief Sainez, Deputy City Attorney Cabrera, Sgt. Kilshaw, Risa Tom)

OPEN SESSION

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

                Motion by Commissioner Melara, second by Commissioner Marshall for non- disclosure.  Approved 6-0.

ADJOURNMENT

                Thereafter, the meeting was adjourned at 12:15 a.m.

 

 

                __________________________________________

                Sergeant Rachael Kilshaw

                Secretary

                San Francisco Police Commission

 

949/rct