Police Commission - September 13, 2017 - Minutes

Meeting Date: 
September 13, 2017 - 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 5:35 p.m.               

PRESENT:             Commissioners Turman, Mazzucco, DeJesus, Melara, Hing, Hirsch

                         ABSENT:               Commissioner Marshall

                Commissioner Turman announced that two items on the agenda, FDRB 1st Quarter Report and the Safe Streets 2nd Quarter Presentation will be taken off calendar tonight and put over at a later date.  Commissioner Turman then moved General Public Comment to the beginning of the agenda.

PUBLIC COMMENT (Taken out of order)

                Unidentified quoted Hamlet and spoke of disappointment in how the stakeholders meetings are held in regards to CEDs and concerns that tasers will be voted by the Commission no matter what the public says.               

ADOPTION OF MINUTES

-              For the meeting of September 6, 2017

PUBLIC COMMENT

                None               

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

REPORTS TO THE COMMISSION

a.            Chief’s Request

-              Report on recent Police Department activities, including major events, weekly crime trends, and announcements to include an update on staffing (current levels, demographics, overtime, and deployment of officers to cover foot beats)

-              Update regarding CIT & Department of Public Health Partnership

-              Presentation of the 2nd Quarter 2017 Audit of Electronic Communication Devices for Bias

-              Presentation of the 2nd Quarter 2017 FDRB Finding & Recommendations & OIS Investigative Summary (Put to a later date)

-              Presentation of the Safe Streets for All Quarterly Report, 2nd Quarter 2017   (Put over to a later date)

                Chief Scott gave a brief update on crimes including a homicide in the Ingleside, a shooting in the Richmond District, a shooting in the Bayview, a shooting in the Park District, a shooting in the Tenderloin, a shooting in the Mission, and a hate crime in the Mission.  The Chief then gave a brief update on overtime budget and use.  The Chief stated that the Department is 1.2 percent below the overtime spending budget as of this date, not including the August 26th events.  The Chief then reported on staffing level and as of 8/18/17, the Department is at 1,855 full time equivalent officers which is 5.89 percent below the 1971 minimum staffing and stated that there is another academy class graduating on November 17th.  The Chief announced National Night Out at Crocker Park in the Ingleside on Thursday, September 14th.

                Commander Mannix, Operations, introduced Lieutenant Molina who update the Commission regarding CIT & Department of Public Health.  Lt. Molina stated that as of this date, there are 776 CIT trained officers. He then talked about the partnership with the Department of Public Health.  Lt. Molina announced that SFPD officers, in the last two quarters, have responded to 11,082 calls of mentally disturbed person, 2901 calls of person attempting suicide, 281 calls of juvenile parental control, 199 calls of mentally disturbed individual with a weapon, 32 calls of person attempting suicide with a weapon, 473 5150 mental health detentions, for a total of 14,968 calls.  Lt. Molina also stated that SFPD have responded to 17,705 calls for check on wellbeing. The total of 32,673 calls for the last two quarters.

                Dr. Almada, Department of Public Health, spoke of invaluable collaboration and partnership with the Department.  She stated that they have five staff members that are dedicated to this program including three psychologists and two master-level clinicians.

                Commander Walsh then presented the 2nd Quarter 2017 Audit of Electronic Communication Devices for Bias.

b.            DPA Director’s Report

-              Report on recent DPA activities, and announcements

                Deputy Director Baltazar reported that Director Henderson is at the NACOLE Conference and will be back in the office of Friday.               

c.             Commission Reports

-              Commission President’s Report

-              Commissioners’ Reports

                Commissioner Mazzucco reported on attending the Fire/Police Mass last Sunday at St. Monica’s Church.  Commissioner Mazzucco announced the passing of Fire Battalion Chief Terry Smerdel and asked that the meeting be adjourned on his honor.  

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

                Sgt. Kilshaw announced that on Sept 19th there will be a meeting to discuss CEDS at City College from 6 p.m. to 8 p.m. and that on Sept 20th the Commission will meet in the Central District, Grace Cathedral, 1100 California, starting at 6 p.m.

PUBLIC COMMENT

                Ace Washington spoke of mistreatment by officers and how things have changed on how the police and sheriffs have treated him differently.

                Karen Fleshman spoke of concerns regarding the tasers policy process.  She then spoke of individuals with mental health crisis and questioned whether San Francisco needs more police officers and should uniformed officers be responding to calls of individuals with mental health crisis.

                Tom Silhorst spoke of the number of officers out on disability and concerns about the bias audit and spoke of the Aug 26th incident and 1st Amendment Rights.               

PUBLIC COMMENT ON ALL MATTERS PERTAINING TO CLOSED SESSION

                Tom Silhorst spoke of the bias audit.    

VOTE ON WHETHER TO HOLD CLOSED SESSION

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

CLOSED SESSION (6:55 p.m. – 8:55 p.m.)

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):

Dora Delfi Mejia Jacobo v. Greg Suhr in his official capacity, et al, San Francisco Superior Court, Case No. CGC-15-545823, filed May 19, 2015

(PRESENT:  Commissioners Turman, Mazzucco, Melara, DeJesus, Hing, Hirsch, Chief Scott, Assistant Chief Sainez, Deputy City Attorney Cabrera, Sgt. Kilshaw, Sgt. Rodriguez, Officer Jones, Rania Adwan, Risa Tom)

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):

Morgado v. City and County of San Francisco, et al., San Francisco Superior Court Case No. 12-518287, filed February 16, 2012, Court of Appeal Case No. A141681, notice of appeal filed April 24, 2014 Commissioner Mazzucco is recused.

(PRESENT:  Commissioners Turman, DeJesus, Melara, Hing, Hirsch, Deputy City Attorney Lee, Deputy City Attorney Yank, Ms. Carol Isan, Ms. Luwana Preston, Sgt. Kilshaw, Sgt. Rodriguez, Officer Jones, Rania Adwan, Risa Tom)

CONFERENCE WITH NEGOTIATOR-LABOR NEGOTIATION.  Pursuant to Government Code Section 54957.6 and San Francisco Administrative Code Section 67.10(e):

City Negotiator:  Ms. Carol Isen, Employee Relations Director

Employee Organization:  Police Officers Association

Anticipated Issues Under Negotiation:  Procedures for Implementing Administrative Appeals in Police Discipline Proceedings

(PRESENT:  Commissioners Turman, Mazzucco, DeJesus, Melara, Hing, Hirsch, Deputy City Attorney Lee, Deputy City Attorney Yank, Ms. Carol Isan, Ms. Luwana Preston, Sgt. Kilshaw, Sgt. Rodriguez, Officer Jones, Rania Adwan, Risa Tom)

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):

Leung v. City and County of San Francisco, et al., San Francisco Superior Court Case NO. CPF-11-511773, Court of Appeal Case No. A144015 (Commissioner Mazzucco is recused.  Sergeant Kilshaw is recused.)

(PRESENT:  Commissioners Turman, Mazzucco, DeJesus, Melara, Hing, Hirsch, Chief Scott, Assistant Chief Sainez, Deputy City Attorney Lee, Sgt. Rodriguez, Officer Jones, Rania Adwan, Risa Tom)

PERSONNEL EXCEPTION:  Pursuant Government Code Section 54957(b)(1) and San Francisco Administrative Code Section 67.10(b) and Penal Code Section 832.7:  Assignment of disciplinary charges filed in Case No. IAD 2015-0325 to an individual Commissioner for the taking of evidence on a date to be determined by the Commissioner

(PRESENT:  Commissioners Turman, Mazzucco, DeJesus, Melara, Hing, Hirsch, Chief Scott, Assistant Chief Sainez, Deputy City Attorney Lee, Sgt. Kilshaw, Sgt. Rodriguez, Officer Jones, Rania Adwan, Risa Tom, Attorney Worsham)

PERSONNEL EXCEPTION:  Pursuant Government Code Section 54957(b)(1) and San Francisco Administrative Code Section 67.10(b) and Penal Code Section 832.7:  Hearing on the Motion for Reconsideration of Motion to Dismiss pursuant to Government Code Section 3304(d)(1) filed in Case No. ALW IAD 2015-0092, or take other action, if necessary

(PRESENT:  Commissioners Turman, Mazzucco, DeJesus, Melara, Hing, Hirsch, Chief Scott, Assistant Chief Sainez, Deputy City Attorney Lee, Sgt. Kilshaw, Sgt. Rodriguez, Officer Jones, Rania Adwan, Risa Tom, Attorney Worsham, Attorney Murphy, member involved)

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

PERSONNEL EXCEPTION:  Pursuant Government Code Section 54957(b)(1) and San Francisco Administrative Code Section 67.10(b) and Penal Code Section 832.7:  Status and calendaring of pending disciplinary cases

(PRESENT:  Commissioners Turman, Mazzucco, DeJesus, Melara, Hing, Hirsch, Chief Scott, Assistant Chief Sainez, Deputy City Attorney Lee, Sgt. Kilshaw, Sgt. Rodriguez, Officer Jones, Risa Tom, Rania Adwan)

OPEN SESSION (8:56 p.m.)

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

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

ADJOURNMENT               

                Motion by Commissioner Mazzucco to adjourned the meeting in honor of Battalion Chief Terry Smerdel, second by Commissioner DeJesus.  Approved 6-0.

                Thereafter, the meeting was adjourned, in honor of San Francisco Fire Battalion Chief Terry Smerdel, at 8:56 p.m.