Police Commission - September 20, 2017 - Minutes

Meeting Date: 
September 20, 2017 - 6:00pm
Location: 
Grace Cathedral
1100 California Street
San Francisco, CA
United States

The Police Commission of the City and County of San Francisco met in the Central District, Grace Cathedral, 1100 California Street, in San Francisco, at 6:03 p.m.

PRESENT:             Commissioners Mazzucco, Marshall, DeJesus, Melara, Hing

                         ABSENT:             Commissioners Turman, Hirsch

                Commissioner Mazzucco welcomed the public and asked the Commissioners to introduce themselves. 

ADOPTION OF MINUTES

-              For the meeting of September 13, 2017               

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

PUBLIC COMMENT

                None

CAPTAIN PAUL YEP, COMMANDING OFFICER OF CENTRAL STATION, TO ADDRESS THE COMMISSION ON POLICE ACTIVITIES IN THE CENTRAL DISTRICT                

                Captain Yep addressed the Commission on police activities in the Central District and talked about the demographics of the district and the Central Police Station.  Captain Yep presented a Certificate of Appreciation to Ms. Tina Moylan.  Captain Yep also thanked Grace Cathedral for hosting tonight’s meeting.

REPORTS AND ANNOUNCEMENTS

CHIEF’S REPORT

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

                Chief Scott commended Captain Yep for his foot beat plan.  The Chief then addressed the public and gave a brief update on crime statistics including recent homicides and arrests.

DPA DIRECTOR’S REPORT

-              This item is to allow the Director to report on recent DPA activities and make announcements

                Director Henderson spoke of attending the NACOLE conference and gave a brief update on pending cases.    

COMMISSION REPORTS

-              Commission President’s Report

-              Commissioners’ Reports

                Commissioner Marshall spoke of attending the NACOLE Conference with Assistant Chief Chaplin, John Alden, and Director Henderson.

                Commissioner Hing spoke of completing the working group dealing with DGO 5.15 in regards to how to implement the city polices in regards to the Sanctuary City laws.

COMMISSION ANNOUNCEMENTS AND SCHEDULING OF ITEMS IDENTIFIED FOR CONSIDERATION AT FUTURE COMMISSION MEETINGS  

                Sergeant Kilshaw announced that next week the Commission will be dark.

                Commissioner DeJesus asked about the cost analysis in regards to Tasers.

PUBLIC COMMENT

                Peter Alexander Chernoff spoke of 40-day freedom strike and concerns regarding DACA.

                Richard Heckler spoke of his recent experience as a crime victim where his bicycle was stolen and stated that there’s got to be a better way to handle property crimes.

                Ashley Bell, Young Women Freedom Center, spoke as to why there are so much robberies and spoke of how her people in the area have no jobs, leaving at shelters, and starving and spoke of how hard it is to live in San Francisco as reason why property crime is so high.

                Casey asked why the cops need an extra weapon.

                Ann, resident near the Crooked Street, spoke of increased auto robberies and asked if the consequence for robbery is so low that it’s worth for the suspects to be so brazen in doing the crime.

                Tony Robles stated that he does not believe that it’s only the street that’s crooked and spoke of concerns against tasers and spoke of incidents across the country involving tasers.

                Erica Sanberg expressed her support for CEDs where she stated that she has close relatives who suffers from mental illness and spoke of how dangerous it is for them and for the officers for compliance and spoke of how CEDs can save their lives.

                Ms. Paulette Brown spoke of her son’s homicide and how his case is still not solved.

                K.I., Young Women Freedom Center, spoke of tasers and would like to see more outreach in the Bayview, Sunnydale, Fillmore, Lakeview and would like to know what’s going on and is willing to hold meetings in their districts for people to talk about the pros and cons of tasers.

                Commissioner Joe Veronese, Fire Commission, thanked Chief’s Scott for attending the Stair Climb at 555 California in support of first responders, and spoke of CEDs and stated that he will submit a position paper and asked the Commission for their consideration.

                Michael Petrelis asked about public comment on item two and spoke of Sunshine Complaint and spoke of a lesbian leader murdered by police in the Georgia Tech Campus.

                Commissioner Mazzucco thanked the Captain and the public for their attendance and thanked Grace Cathedral for their work.

MICHAEL PETRELIS IMMEDIATE DISCLOSURE REQUEST FOR AUDIO OR VIDEO RECORDINGS OF POLICE COMMISSION CLOSED SESSIONS OF ATTORNEY-CLIENT COMMUNICATIONS FROM JANUARY 1ST TO MAY 31, 2015:

-              Jose Garcia v. CCSF, Case No. CV 12-3443, filed in San Francisco Superior Court 3/16/12

-              Calkin et al. v. CCSF, Case no. C12-02584 JSC, filed in Federal District Court 5/18/12

VOTE WHETHER TO WAIVE THE ATTORNEY-CLIENT PRIVILEGE FOR AUDIO OR VIDEO RECORDINGS OF POLICE COMMISSION CLOSED SESSIONS OF ATTORNEY-CLIENT COMMUNICATIONS FROM JANUARY 1ST TO MAY 31, 2015 

                Michael Petrelis spoke of his request in regards to closed session items.

                Motion by Commissioner Melara to not waive attorney-client privilege, second by Commissioner Mazzucco.

                Michael Petrelis spoke of why he is asking for these records as it will lead to better police accountability which will lead to less crime.

                Commissioner DeJesus spoke of the Copely Law.

AYES:     Mazzucco, Marshall, DeJesus, Melara

NAYS:    Hing

RESOLUTION 17-49

DECISION NOT TO WAIVE THE ATTORNEY-CLIENT PRIVILEGE FOR AUDIO OR VIDEO RECORDINGS OF POLICE COMMISSION CLOSED SESSIONS OF ATTORNEY-CLIENT COMMUNICATIONS FROM JANUARY 1ST TO MAY 31, 2015  

                WHEREAS, on June 19, 2017, the Police Commission Office was in receipt of an immediate disclosure request for copies of, or access to, audio or video recordings of all commission closed door sessions from January 1 through May 31, 2015;

                WHEREAS, on July 5, 2017, the Police Commission Office responded to said immediate disclosure request declining to release audio or video recordings of commission closed door sessions from January 1 through May 31, 2015 stating that confidential information acquired in any closed session may not be disclosed unless the body that held the closed session (in this case, the Police Commission) votes to disclose the information, Cal. Govt. Code § 594963(a);

                WHEREAS, on July 18, 2017, the Police Commission Office received notice of a complaint filed with the Sunshine Ordinance Task Force stating that the Department failed to provide complainant with responsive records for his request of public files that should be available because of local sunshine laws;

                WHEREAS, on August 15, 2017, Police Commission staff attended a hearing by the Education, Outreach, and Training Committee of the Sunshine Ordinance Task Force in regards to above-mentioned complaint where the Task Force recommended to complainant that he requests the Police Commission place an item on its agenda for a vote whether to waive the attorney-client privilege for audio or video recordings of Police Commission closed sessions of attorney-client communications from January 1st to May 31, 2015;

                WHEREAS, on September 20, 2017, the Police Commission voted whether to waive the attorney-client privilege for audio or video recordings of Police Commission closed sessions of attorney-client communications from January 1st to May 31, 2015; therefore, be it

RESOLVED, that the Police Commission voted not to waive the attorney-client privilege for audio or video recordings of Police Commission closed sessions of attorney-client communications from January 1st to May 31, 2015.

                AYES:    Commissioners Mazzucco, Marshall, DeJesus, Melara

               NAYS:    Commissioner Hing

          ABSENT:     Commissioners Turman, Hirsch

ADJOURNMENT

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

                Thereafter, the meeting was adjourned at 7:50 p.m.