Police Commission - April 19, 2017 - Minutes

Meeting Date: 
April 19, 2017 - 5:30pm
Location: 
City Hall, Room 400
#1 Dr. Carlton B. Goodlett Place
San Francico, 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 5:33 p.m.               

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

                       ABSENT:               Commissioner DeJesus               

CONSENT CALENDAR

-              Police Commission Report of Disciplinary Actions, 1st Quarter 2017

-              Request of the Chief of Police to accept gift from Shine-N-Seal Car Wash of 46 Car Wash Cards for use on Marked and Unmarked Police Vehicles only, valued at approximately $2,760.00

PUBLIC COMMENT

None

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

RESOLUTION NO. 17-21

APPROVAL OF THE REQUEST OF THE CHIEF OF POLICE TO ACCEPT GIFT FROM SHINE-N-SEAL CAR WASH OF 46 CAR WASH CARDS FOR USE ON MARKED AND UNMARKED POLICE VEHICLES ONLY, VALUED AT APPROXIMATELY $2,760.00   

                RESOLVED, that the Police Commission hereby approves the request of the Chief of Police to accept gif from Shine-N-Seal Car Wash of 46 car wash cards for use on marked and unmarked police vehicles only, valued at approximately $2,760.00

     AYES:                Commissioners Turman, Mazzucco, Marshall, Melara, Hing

ABSENT:               Commissioner DeJesus

CHIEF’S REPORT

-              Report on recent Police Department activities, including major events, weekly crime trends, and announcements:

▪              Presentation of the 1st Quarter FDRB Findings & Recommendations & OIS Investigative Summary               

                Chief Scott gave an update on violent crimes statistics and announced that there were no homicides for this week.  He spoke of efforts by the department to remove guns off the streets to reduce shooting incidents. 

                Commander Walsh introduced the Sergeant Crudo who presented the 1st Quarter FDRB Findings & Recommendations and OIS Investigative Summary.

DPA DIRECTOR’S REPORT

-              Report on recent DPA activities, and announcements

                Deputy Director Baltazar gave an update on hiring of DPA investigators and working with DHR to create a new list of candidates.  He also reported on acquiring new IPad for use at interviews and taking photos.

                Commissioner Turman spoke of the resignation of Director Hicks due to family matters.  He went on to talk about her distinguished career working for both the OCC and DPA and thanked and wished her well on her next endeavor.

COMMISSION REPORTS

-              Commission President’s Report

-              Commissioners’ Report

                Commissioner Turman have no report.

                Commissioner Melara announced that the first meeting of the ECW working group will be on Friday, April 21st.

                Commissioner Mazzucco spoke of attending a community meeting in the Northern to talk about concerns of the community in regards to crimes and the homeless.

                Commissioner Hing spoke of attending a meeting regarding Department General Order 8.10 and spoke of regular monthly meetings with Commander Lazar in regards to Community Policing.  He also spoke of attending a dinner in honor of Commander Lazar, Captain Paul Yep, and Commander Greg Yee.

                Commissioner Turman announced that if any member of the public is interested in being a part of a working group, in regards to reforms, to check the website or call the Commission office.

COMMISISON ANNOUNCMENTS AND SCHEDULING OF ITEMS IDENTIFIED FOR CONSIDERATION AT FUTURE COMMISSION MEETINGS

                Commissioner Turman apologized for not having a weekend last week.  He also announced that the presentation from the Homeless Coalition will be on the agenda for May 3rd

                Commissioner Melara asked about the Safe Place Program and asked for a presentation.

                Sergeant Kilshaw announced that there will be no meeting next week, April 26th, and the next meeting will be on Wednesday, May 3rd, at City Hall.

PUBLIC COMMENT

                David Salavery thanked Commissioner Turman for the announcement on the working groups.

                Karen Fleshman spoke in regards to MOU between SFPD and the DA’s office and when will it be completed.

                Jackie Barchak urged that tasers not be a lined item on the department budget.

DISCUSSION AND POSSIBLE ACTION TO APPROVE REQUEST OF THE DEPARTMENT TO SUBMIT A BUDGET MODIFICATION TO THE BOARD OF SUPERVISORS, REALOCATING $6.5 MILLION IN SALARIES ANF RINGE SAVING TO OVERTIME 

                Director Catherine McGuire, CFO, gave a brief update on the budget modification.  She stated that the $6.5 million modification will be to cover training, arrests and investigations, court pay, First Amendment gatherings, and homeless population related service requests.

PUBLIC COMMENT

                David Salaverry spoke of putting some funds towards data.

                Tom Gilberti would like CIT to be separated from the Department’s budget and separated from the Department of Public Health’s budget

                Motion by Commissioner Melara, second by Commissioner Marshall to approved budget modification request.  Approved 5-0.

PUBLIC COMMENT

                Jackie Barchak discussed concerns regarding lined item on 2018 budget for tasers and that there is no justification for tasers as it is a form of torture.

                Michael spoke of why the Department is trying to arm the police with tasers again and again and spoke of how it is used disproportionately against blacks, Latinos, and the mental health community.

                David Salaverry spoke of a lined item on the budget for less lethal weapons along with defibrillators and asked what is the real cost for tasers.

                Clyde spoke of promotions and concerns about POA.

                Dolores Piper spoke of concerns regarding tasers and spoke of net guns and spoke of how her nephew was killed by a cop in South City.

                Tom Gilberti spoke of how we need to stop shooting at people spoke of no guns for police.

                Beverly Leer spoke of incident regarding Mr. Zarceno and immigration issues.

                Tom Silhorst spoke the “city family” phrase and thanked Commissioner Turman for the removal of Ms. Hicks and concerns about Captain Vaswani, Milanda Moore, Matthew Rodgers, and Nicholas Buckley.

                Ms. Paulette Brown spoke of her son Aubrey Abrakasa and asked for justice for her son and showed names of perpetrators:  Thompson Hannibal, Paris Moffett, Andrew Videau, Jason Thomas, Anthony Hunter, Marcus Hunter.  She went on to talk about all the other unsolved homicides.               

PUBLIC COMMENT ON ALL MATTERS PERTAINING TO CLOSED SESSION

                None                                                               

VOTE ON WHETHER TO HOLD CLOSED SESSION

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

CLOSED SESSION (6:38p.m. – 8:15 p.m.)

Pursuant to Government Code Section 54956(d)(1) and San Francisco Administrative Code Section 67.10(d)(1):  CONFERENCE WITH LEGAL COUNEL – Pending Litigation

Devaughn Frierson v. City and County of San Francisco, et al, US. District Court, Case No. 15-cv-02573 JSC, filed June 9, 2015

(PRESENT:  Commissioners Turman, Mazzucco, Marshall, Melara, Hing, Chief Scott, Assistant Chief Sainez, Deputy City Attorney Cabrera, Sergeant Kilshaw)

Pursuant Government Code Section 54956(d)(1) and San Francisco Administrative Code Section 67.10(d)(1):  CONFERENCE WITH LEGAL COUNEL – Pending Litigation

Jason Douglas, Carol Grindley v. City and County of San Francisco, et al, San Francisco Superior Court CGC-16-551699

(PRESENT:  Commissioners Turman, Mazzucco, Marshall, Melara, Hing, Chief Scott, Assistant Chief Sainez, Deputy City Attorney Cabrera, Sergeant Kilshaw)

Pursuant to Government Code Section 54956(d)(1) and San Francisco Administrative Code Section 67.10(d)(1):  CONFERENCE WITH LEGAL COUNEL – Pending Litigation

Raymond Choy v. City and County of San Francisco, et al, San Francisco Superior Court CGC-15-546044, filed May 28, 2015

(PRESENT:  Commissioners Turman, Mazzucco, Marshall, Melara, Hing, Chief Scott, Assistant Chief Sainez, Deputy City Attorney Cabrera, Sergeant Kilshaw)

Pursuant to Government Code Section 54956.9(d)(2) and San Francisco Administrative Code Section 67.10(d)(2):  CONFERENCE WITH LEGAL COUNSEL – Anticipated Litigation as Defendants:  1-37 cases:  Significant exposure to litigation arising from arrests and prosecutions made under Operation Safe Streets Program

(PRESENT:  Commissioners Turman, Mazzucco, Marshall, Melara, Hing, Chief Scott, Assistant Chief Sainez, Deputy City Attorney Cabrera, Sergeant Kilshaw)

Pursuant to Government Code Section 54957(b)(1) and San Francisco Administrative Code Section 67.10(b) and Penal Code Section 832.7:

PUBLIC EMPLOYEE PERFORMANCE EVALUATION:  Chief of Police

Review of findings and Chief’s decision to return or not return officer to duty following an officer-involved shooting (OIS 17-002)

(PRESENT:  Commissioners Turman, Mazzucco, Marshall, Melara, Hing, Chief Scott, Assistant Chief Sainez, Deputy City Attorney Cabrera, Sergeant Kilshaw, Sergeant Campbell)

Pursuant to Government Code Section 54957(b)(1) and San Francisco Administrative Code Section 67.10(b) and Penal Code Section 832.7:

PUBLIC EMPLOYEE PERFORMANCE EVALUATION:  Chief of Police

Review of findings and Chief’s decision to return or not return officer to duty following an in-custody death (ICD 17-001)

(PRESENT:  Commissioners Turman, Mazzucco, Marshall, Melara, Hing, Chief Scott, Assistant Chief Sainez, Deputy City Attorney Cabrera, Sergeant Kilshaw, Sergeant Campbell)

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:  Status and calendaring of pending disciplinary cases

PRESENT:  Commissioners Turman, Mazzucco, Marshall, Melara, Hing, Chief Scott, Assistant Chief Sainez, Deputy City Attorney Cabrera, Sergeant Kilshaw)

OPEN SESSION (8:20 p.m.)

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

                Motion by Commissioner Mazzucco, second by Commissioner Melara for non-disclosure.  Approved 5-0.

ADJOURNMENT               

                Motion by Commissioner Marshall, second by Commissioner Hing.  

Approved 5-0.      

                Thereafter, the meeting was adjourned at 8:20 p.m.