Police Commission - September 12, 2018 - Minutes

Meeting Date: 
September 12, 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, Brookter

(Commissioners Hamasaki and Elias arrived at 6:45 p.m.)

                Commissioner Mazzucco announced the appointment of two new commissioners.  Commissioner Damali Taylor is on a scheduled vacation.  Commissioner Dion-Jay Brookter is present and was sworn in today.

                Commissioner Brookter said a few words to address the Commission and the public.

AWARD PRESENTATION

  • Presentation by the American Legion of the California Officer of the Year Award to Officer Anna Cuthbertson

                    Commander Gary Gee, American Legion, presented the Officer of the Year Award for Community Service to Officer Anna Cuthbertson.

    ADOTION OF MINUTES

  • Meeting of September 5, 2018

    Motion by Commissioner DeJesus, second by Commissioner Hirsch.  Approved 4-0.

    PUBLIC COMMENT

                    None

    REPORTS TO THE COMMISSION

    a.            Chief’s Request

    -              Report on recent Police Department activities, including major events, weekly crime trends, staffing (current staffing levels and overtime) and announcements

    -              Update regarding the 2nd Quarter 2018 Report in Compliance with Administrative Code Chapter 96A               

                    Chief Scott gave a brief update on crime statistics.  The Chief spoke of a homicide on 6th Street involving a metal cane.  He spoke of police work around the UN Plaza to address issues of drug dealing, public health, and quality of life issues.  The Chief also reported on staffing and overtime and stated that the Department is 3 percent under budget year-to-date.  As far as staffing the Chief stated that the Department is 6.95 percent below the mandated level of 1971.

                    Deputy Chief Connolly presented the update regarding the 2nd Quarter 2018 Report in Compliance with Administrative Code Chapter 96A.

    b.            DPA Director’s Report

    -              Report on recent DPA activities, and announcements

                    Director Henderson gave a brief update on cases opened closed, pending cases, and mediated cases.  Director Henderson reported that the agency has opened 459 cases year to date as compared to 368 last year.  Director Henderson reported that the Supreme Court just ruled declining to review the officers’ texting cases and that his office will reinitiate the discipline proceedings immediately.

    c.             Commission Reports

    -              Commission President’s Report

    -              Commissioners’ Reports

                    Commissioner Mazzucco announced that the California Supreme Court has denied to rehear the case involving very important disciplinary matter and that the Court has ruled that the 3304 was a one-year statutory limitations for cases pending criminal matter and that the Department had acted properly in withholding to file charges because of ongoing federal probe and that the Supreme Court has denied review and that the discipline cases will proceed with the Commission.

                    Commissioner Hirsch announced that he asked the City Attorney’s office for an opinion about what additional disclosures could be made on police discipline given the restrictions the Commission has in the law and stated that SB 1421 was approved by the Senate which will change the law, assuming the governor signs it without a veto.  Commissioner Hirsch stated that the City Attorney is waiting until the law in enacted to write a revised memo which will allow further disclosure of information regarding police discipline.

                    Commissioner Elias announced that she visited the HSOC Headquarters on Turk Street at the Department of Emergency Management.  She said it was very informative to see the officers, DPH, and all the other agencies working together to resolve the homeless crisis.  She also announced that she and Commissioner Hamasaki attended the Mission Station lineup as well as the Bayview lineup and spoke how beneficial for the Commissioners to attend the lineups and speak with the officers one-on-one to find out what is happening and what issues the officers are facing on a daily basis.

                    Commissioner Hamasaki stated that it is good to get out and hear from the officers firsthand and hear about the challenges the officers face on a daily basis.  He also announced that he, along with Commissioners Mazzucco, DeJesus, and Elias, attended the 75th Memorial for Fallen Fire Fighters and Police Officers.                

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

                    Commissioner Mazzucco announced that he would like a discussion regarding the Joint Terrorism Task Force agendized for October 10th.  He stated that he would like to possibly have a town hall-type of meeting focused on the issue to hear from everyone, look at the current state of things are, and do the calm rationale balancing about what is right, given what is presented to the Commission.  He would like to do this sometime in early November.

                    Commissioner DeJesus would like the wealth and disparity statistics for October 3rd and asked if it can be moved to October 10th.  Commissioner Mazzucco agreed and asked that the statistical data they are using presented to Commander Walsh for comparison and verification.

                    Commissioner Mazzucco also asked to put on the October 3rd agenda how the Department handles wellbeing calls and how to agendized the Chief’s report.

                    Sergeant Kilshaw announced that the Commission will not meet on September 19th and 26th.  The next meeting will be on October 3rd at City Hall, starting at 5:30 p.m.

    PUBLIC COMMENT

                    Francisco Decosta spoke of community policing and how 85 percent of officers live outside the city.

                    Unidentified spoke of untested rape kits.

                    John Jones spoke of his dissatisfaction of the Chief’s report and asked that the Chief’s report be posted ahead of time.

                    Ms. Paulette Brown spoke of her son’s homicide and how she has not heard from the investigator and spoke of unsolved homicide cases.

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

                    Motion by Commissioner Hirsch to change the language instead of “an individual commissioner” to “two commissioners to represent the Commission for the duration of the MOU.”

                    Deputy City Attorney Cabrera suggested language for section under Open Lines of Communication of the addendum page 3, 2f, revising and adding in section 4(c), “The Commission agrees to assign two individual Commissioners as a point of contact for this MOU.”  As for page 2 of the Addendum, section 2b(b), to revise this to say, “Cal DOJ will consult with the Commission prior to issuing reports on SFPD’s progress in implementing those reforms.”

                    Section 2(b) will read, “Within 30 days of the date of the execution of the Consultant’s contract, the Vice President of the Commission, on behalf of the Commission, SFPD, and CalDOJ will develop a mutually agreeable work plan that sets forth the following.”

                    Motion by Commissioner Elias to adopt revisions, second by Commissioner Hirsch.  Approved 6-0.

                    Commissioner Mazzucco appointed Commissioners Hirsch and Hamasaki as the point of contact for the Commission.

    PUBLIC COMMENT

                    John Jones stated that the DOJ report was a disgrace.

                    Francisco Decosta spoke of how COPS was outsourced by the DOJ and concerns of how the public have not had an opportunity to comment on the 272 recommendations.

                    Unidentified spoke of not having a copy of the 272 recommendations.

    PUBLIC COMMENT               

                    Francisco Decosta spoke of the shooting of Jason.

                    Unidentified spoke of an investigation should be done on all Catholic churches in San Francisco for allegations of sexual abuse.

                    Ms. Paulette Brown spoke of her son’s homicide and how she has not heard anything about her son’s case.  She showed the names of the perpetrations:  Thompson Hannibal, Paris Moffett, Andrew Videau, Jason Thomas, Anthony Hunter, Marcus Carter.

    PUBLIC COMMENT ON ALL MATTERS IN CLOSED SESSION

                    None

    VOTE ON WHETHER TO HOLD CLOSED SESSION

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

    CLOSED SESSION (7:10 p.m.)

    CONFERENCE WITH NEGOTIATOR – Collective Bargaining

    Pursuant to Government code Section 54957.6:

    City Negotiator:  LaWanna Preston, Employee Relations Manager

    Organization representing Police Officers:  San Francisco Police Officers Association

    Anticipated Issues Under Negotiation:  Body Worn Cameras

    (Present:  Commissioners Mazzucco, DeJesus, Hirsch, Hamasaki, Elias, Brookter, Deputy City Attorney Cabrera, Sergeant Kilshaw, Sergeant Ware, Officer Jones, Ms. Preston)

    CONFERENCE WITH LEGAL COUNSEL-Existing Litigation.  Pursuant to Government Code Section 54956.9(d)(1) and San Francisco Administrative Code Section 67.10(d)(1):  Derek Byrne vs. City and County of San Francisco, San Francisco Police Commission and San Francisco Police Department, San Francisco Superior Court, Case No. CPF-17-515892, filed October 12, 2017

    (Present:  Commissioners Mazzucco, DeJesus, Hirsch, Hamasaki, Elias, Brookter, Chief Scott, Deputy City Attorney Mongan, Sergeant Kilshaw, Sergeant Ware, Officer Jones)

    CONFERENCE WITH LEGAL COUNSEL-Existing Litigation.  Pursuant to Government Code Section 54956.9(d)(1) and San Francisco Administrative Code Section 67.10(d)(1):  Robert Leung vs. City and County of San Francisco, et al., Case No. CPF-11-511773, filed June 19, 2017

    (Present:  Commissioners Mazzucco, DeJesus, Hirsch, Hamasaki, Elias, Brookter, Chief Scott, Deputy City Attorney Mongan, Sergeant Kilshaw, Sergeant Ware, Officer Jones)

    PERSONNEL EXCEPTION.  Pursuant to Government Code Section 54957(b)(1) and San Francisco Administrative Code Section 57.10(b) and Penal Code Section 832.7:  Discussion and possible action to take the following disciplinary case off calendar:

  • IAD 2016-0182 Withdrawal of the Appeal of the Chief’s Suspension

    (Present:  Commissioners Mazzucco, DeJesus, Hirsch, Hamasaki, Elias, Brookter, Chief Scott, Deputy City Attorney Mongan, Sergeant Kilshaw, Sergeant Ware, Officer Jones)

    PERSONNEL EXCEPTION.  Pursuant to Government Code Section 54957(b)(1) and San Francisco Administrative Code Section 57.10(b) and Penal Code Section 832.7: 

    Discussion and possible action to accept or reject settlement agreement filed in case no. ALW IAD 2017-0229, or take other action, if necessary

    (Present:  Commissioners Mazzucco, DeJesus, Hirsch, Hamasaki, Elias, Brookter, Chief Scott, Deputy City Attorney Mongan, Sergeant Kilshaw, Sergeant Ware, Officer Jones, Attorney Worsham, Attorney Shea, member involved)

    (These proceeding were taken in shorthand form by Ms. Anna Greenley, CSR., Roomian & Associates.)

    PERSONNEL EXCEPTION.  Pursuant to Government Code Section 54957(b)(1) and San Francisco Administrative Code Section 57.10(b) and Penal Code Section 832.7: 

    Status and calendaring of pending disciplinary cases

    (Present:  Commissioners Mazzucco, DeJesus, Hirsch, Hamasaki, Elias, Brookter, Chief Scott, Deputy City Attorney Mongan, Sergeant Kilshaw, Sergeant Ware, Officer Jones)

    OPEN SESSION (9:30 p.m.)

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

                    Motion by Commissioner Hirsch for non-disclosure, second by Commissioner DeJesus.  Approved 6-0.

    ADJOURNMENT

                    Motion by Commissioner DeJesus, second by Commissioner Hirsch.  Approved

    6-0.                               

                    Thereafter, the meeting was adjourned at 9:35 p.m.