Police Commission - October 3, 2018 - Minutes

Meeting Date: 
October 3, 2018 - 5:30pm
Location: 
City Hall, Room 400
#1 Dr. Carlton B. Goodlett Place
San Francisco, CT
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, Brookter, Taylor

(Commissioner Hamasaki arrived at 5:54 p.m.  Commissioner Hirsch is excused at 7:47 p.m.)

                Commissioner Mazzucco welcomed new Commissioner Damali Taylor.

PRESENTATION OF CERTIFICATE OF APPRECIATION

-              Presentation to Galls (A uniform retail establishment)

For their participation and partnership with the SFPD & SFPOA on the Pink Patch Project

                Sergeant Raymond Padmore read the Certificate of Appreciation.  Chief Scott along with POA President Montoya presented the certificate.

DISCUSSION AND POSSIBLE ACTION TO ADOPT NEW DEPARTMENT GENERAL ORDER 5.22, “INTERACTING WITH TRANSGENDER, GENDER-VARIANT, AND NONBINARY INDIVIDUALS”  

Taken out of order.

                Deputy Chief Connolly introduced Sergeant Gary Buckner and Officer Elton who presented Department General Order 5.22.

                Commissioner Mazzucco read a letter from former Police Commissioner Theresa Sparks:

“Honorable members of the San Francisco Police Commission,

Over the last few days I have been reviewing the draft DGO 5.22, Interacting with Transgender, Gender-Variant and Nonbinary Individuals.  My opinion is that the Draft DGO is well written and completely in sync with today’s TRANS culture, although keep in mind that culture is continually being re-imagined.  It is only paragraph 5.22.04 H (Note) that give me pause, not because of its necessary use in the DGO but due to the confusion it is likely to generate relative to Department “A” Bulletin 18-105, 05/31/18, SDCS Implementation.

More to the point, I am very concerned with requirement that officers use perception as a legitimate means of data collection as mandated in Assembly Bill 953, and subsequent BOS legislation adopting AB 953.  It is very confusing for officers that in an active Departmental Bulletin it prescribes one way to identify much maligned communities, including individuals “perceived” to be TGN, for purposes of reporting potential discrimination and it being necessary in DGO 5.22 to explain that the best practices described therein shall not be applied in this case.  It must be kept in mind that the interactions triggering reporting in AB 953 are nearly all interactions the officers will have with this community on a daily basis.

Being someone who has worked on the interaction between law enforcement and the LGBT and TGN communities for more than fifteen-years and one of the individuals introducing implicit bias training to the SFPD and City at large, the contradiction between the concepts of self-identification (DGO 5.22) and identification through perception (AB953) puts at risk decades of mostly successful efforts to confront possible discrimination and normalize relations between law enforcement and historically disenfranchised communities.  It could actually re-enforce an officers tendency of implicit bias, therefore undoing years of training and understanding.  It it (sic) a direct contradiction of the nationally recognized best-practices of implicit bias training in addition to SFPD’s current efforts to adopt the recommendations of the 21st Century Policing Report issued under the Obama Administration.

Rather than inserting an explanation in DGO 5.22 as to why in most interactions with the public, officers are to ignore best practices, those which have successfully addressed discrimination and reduced tensions between the SFPD and TGN community, the Commission might consider inserting a paragraph in Departmental “A” Bulletin 18-105, instructing officers to ignore the instructions in AB953 to utilize perception as the means of identification and substitute the known best practice of self identification.

In summary, I wholeheartedly recommend adoption of DGO 5.22 by this Commission, although it will create substantial confusion to officers in its implementation.  In addition, I strongly recommend considering asking the City Attorney to request a possible injunction to stop the implementation of AB953 to determine if the requirement to use the concept of perception rather than self identification possibly violations local, State or Federal non-discrimination legislation.

Thank you for your time.

Theresa Sparks

Former member and president of San Francisco Police Commission (2004-2009) and retired Executive Director of the San Francisco Human Rights Commission.”

PUBLIC COMMENT

                Ed, District 11, spoke of concerns regarding the general order and stated that the document is not consistent with reality.

                Motion by Commissioner DeJesus, second by Commissioner Elias.  Approved 7-0.

RESOLUTION 18-72

ADOPTION OF NEW DEPARTMENT GENERAL ORDER 5.22, “INTERACTING WITH TRANSGENDER, GENDER-VARIANT, AND NONBINARY INDIVIDUALS”  

                RESOLVED, that the Police Commission hereby approves to adopt new Department General Order 5.22, “Interacting with Transgender, Gender-Variant, and Nonbinary Individuals.”

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

CONSENT CALENDAR

-              Request of the Chief of Police to accept a $100 donation from Ms. Belinda Chin to be deposited to the Community Engagement Fund

                Motion by Commissioner DeJesus, second by Commissioner Elias.  Approved 7-0.

RESOLUTION NO. 18-71

APPROVAL OF THE REQUEST OF THE CHIEF OF POLICE TO ACCEPT DONATION OF $100 FROM MS. BELINDA CHIN TO BE DEPOSITED TO THE COMMUNITY ENGAGEMENT FUND   

                RESOLVED, that the Police Commission hereby approves the request of the Chief of Police to accept donation of $100.00 from Ms. Belinda Chin to be deposited to the Community Engagement Fund.

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

REPORTS TO THE COMMISSION

a.            Chief’s Request

-              Crime Trends (Provide

-              Crime Trends (Provide an overview of offenses occurring in San Francisco and the trends in those offenses over time)

-              Significant Incidents (Chief’s report will be limited to a brief description of significant incidents that have occurred since the posting of the agenda.  Commission discussion will be limited to determining whether to calendar any of the incidents the Chief describes for discussion or action at a future commission meeting.)               

-              Pink Patch Project Month (Provide an update on the implementation of the Commission-approved use of the pink patch for Breast Cancer Awareness month during October 2018)

-              Fleet Week (Provide an overview of SFPD preparation for planned activities for October 5th through October 8, 2018)

-              Status Update regarding environmental testing at Building 606 located at the old Hunters Point Shipyard

-              Presentation regarding rules governing missing persons.  Department Bulletin 17-086, Missing Persons Assignment Criteria, Department General Order 6.10, Missing Persons               

                Chief Scott gave a brief update on crime statistics.  The Chief also spoke about the Pink Patch Project where all the sales from the pink patches will go to the Bay Area Cancer Connection.  The Chief talked about Fleet Week.

                Commander Robert O’Sullivan presented the update regarding environmental testing at Building 606.

                Commander McEachern presented the rules governing missing persons.  Department Bulletin 17-086, Missing Persons Assignment Criteria, Department General Order 6.10, Missing Persons.

b.            DPA Director’s Report

-              Report on recent DPA activities, and announcements

                Ms. Samara Marion, for Director Henderson, reported that the Director is attending the NACOLE conference.  She also spoke of outreach done by the DPA.

c.             Commission Reports

-              Commission President’s Report

-              Commissioners’ Reports

                Commissioner Mazzucco introduced Chaplin Meghan Rohr and commended Chaplin Rohr for her work with the Department and the officers.

                Commissioner Brookter spoke of attending the OFJ 50th Anniversary Gala along with Commissioners Taylor and Hirsch.  He also attended the Portola Block Party and commended Commander Lazar and his team for a good job.

                Commissioner Hamasaki announced that this Sunday is the 150th Italian Heritage Parade in North Beach and announced that this year’s Grand Marshall is Commissioner Mazzucco.

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

                Commissioner DeJesus would like a status update regarding criminalizing the homeless.

                Sergeant Kilshaw announced that next week’s meeting will be at City Hall and announced that on Oct 17th, the Commission will meet in the Taraval at St. Ignatius High School starting at 6 p.m.

PUBLIC COMMENT

                Ed talked about property crimes and discussed HSOC.               

DISCUSSION AND POSSIBLE ACTION TO APPROVE ISSUANCE OF DEPARTMENT BULLETIN 18-171, PER DGO 3.01, MODIFYING DEPARTMENT GENERAL ORDER 5.01, “USE OF FORCE.” 

                Deputy Chief Connolly introduced Sgt. Youngblood who presented Department Bulletin 18-171.

PUBLIC COMMENT

                Unidentified spoke of what’s on paper doesn’t mean it’s reality.

                Motion by Commissioner Hamasaki, second by Commissioner DeJesus.  Approved 7-0.

RESOLUTION 18-73

APPROVAL TO ISSUE DEPARTMENT BULLETIN 18-171, “UPDATED SUPERVISORY USE OF FORCE EVALUATION FORM” MODIFYING DEPARTMENT GENERAL ORDER 5.01, “USE OF FORCE” 

                RESOLVED, that the Police Commission hereby approves the issuance of Department Bulletin 18-171, “Updated Supervisory Use of Force Evaluation Form,” modifying Department General Order 5.01, “Use of Force.”

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

PUBLIC COMMENT

                Mark Dwight, Friends of Dogpatch Hub, spoke of the Old Potrero Station and asked the Commission for their support to turn the station into a community center.

Darryl Rapler, Friends of Dogpatch Hub, spoke of how to save the Old Potrero Station and transform it to a community center.

                Catherine Gimine, Friends of Dogpatch Hub, spoke of turning the old Potrero Station into a community center.

                Ms. Paulette Brown spoke of her son’s homicide in August 14, 2006 and spoke of how the investigator have not contacted her.  She went on to show names of perpetrators and photos of her son.  She asked for a permanent place to hang the bulletins.

                Unidentified spoke of how the Commission is not responsive and how the Department is not responsive.               

PUBLIC COMMENT ON ALL MATTERS PERTAINING TO ITEM 9 BELOW, CLOSED SESSION, INCLUDING PUBLIC COMMENT ON ITEM 8 WHETHER TO HOLD ITEM 9 IN CLOSED SESSION AND WHETHER TO ASSERT THE ATTORNEY-CLIENT PRIVILEGE WITH REGARDS TO ITEM 9(a) & (b)  

                None

VOTE ON WHETHER TO HOLD ITEM 9 IN CLOSED SESSION, INCLUDING VOTE ON WHETHER TO ASSERT THE ATTORNEY-CLIENT PRIVILEGE WITH REGARD TO ITEM 9(a) & (b)        

                Motion by Commissioner Hamasaki, second by Commissioner Hirsch.  Approved 6-0.

CLOSED SESSION (7:45 p.m.)

CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION.

SAN FRANCISCO POLICE OFFICERS’ ASSOCIATION et al., V. CITY AND COUNTY OF SF, ET AL, San Francisco Superior Court, Case No. CPf-18-516295, filed August 15, 2018

(Present:  Commissioners Mazzucco, DeJesus, Elias, Hamasaki, Brookter, Taylor, Chief Scott, Deputy City Attorney Cabrera, Deputy City Attorney Mongan, Deputy City Attorney Koski, Sergeant Kilshaw, Sergeant Ware, Officer Jones, Risa Tom)

CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION.

RAIN O. DAUGHERTY V. CCSF, ET AL., File No. CPF 15-514302, filed May 11, 2015

(Present:  Commissioners Mazzucco, DeJesus, Elias, Hamasaki, Brookter, Taylor, Deputy City Attorney Mongan, Sergeant Kilshaw, Sergeant Ware, Officer Jones, Risa Tom)

PERSONNEL EXCEPTION:  Discussion and possible action to dismiss disciplinary charges filed in case no. ALW IAD 2015-0092 in light of settlement, or take other action, if necessary                                                                                                                                                         

(Present:  Commissioners Mazzucco, DeJesus, Elias, Hamasaki, Brookter, Taylor, Deputy City Attorney Mongan, Sergeant Kilshaw, Sergeant Ware, Officer Jones, Risa Tom)

PERSONNEL EXCEPTION:  Assignment of an Appeal of the Chief’s Suspension filed in Case No. ALW IAD 2017-0098 to an individual Commissioner for the taking of evidence on a date to be determined by the Commissioner 

(Present:  Commissioners Mazzucco, DeJesus, Elias, Hamasaki, Brookter, Taylor, Deputy City Attorney Mongan, Sergeant Kilshaw, Sergeant Ware, Officer Jones, Risa Tom, Attorney Betz, Ret. Captain Chignell, member involved)

PERSONNEL EXCEPTION:  Status and calendaring of pending disciplinary cases

(Present:  Commissioners Mazzucco, DeJesus, Elias, Hamasaki, Brookter, Taylor, Deputy City Attorney Mongan, Sergeant Kilshaw, Sergeant Ware, Officer Jones, Risa Tom)

OPEN SESSION (8:15 p.m.)

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

                Motion by Commissioner Elias, second by Commissioner DeJesus for non-disclosure.  Approved 7-0.

ADJOURNMENT

                Motion by Commissioner Elias, second by Commissioner Hamasaki.  Approved 7-0.                               

                Thereafter, the meeting was adjourned at 8:19 p.m.