FEBRUARY 102016 REGULAR MEETING The Police Commission

Transcription

FEBRUARY 102016
REGULAR MEETING
The Police Commission of the City and County of San Francisco met in Room
400, City Hall, #1 Dr. Canton B. Goodlett Place, San Francisco, at 5:30 p.m.
PRESENT:
Commissioners Loftus, Turman, Mazzucco, DeJesus, Marshall, Hwang,
Melara
Commissioner Loftus announced that she will move the Use of Force Policy
discussion to go under the Chief's Report.
PUBLIC COMMENT
Mr. Upshaw spoke of growing up in Memphis, TN, and spoke of officers' action
in the south. He went on to talk about how cops do not have respect for the blue
uniforms they wear.
Michael Petrellis spoke of no peace for Mayor Lee and that the Mayor should
attend community meetings and hold town hail meetings. He went on to talk about the
"Not on My Watch" website and how $16,000 has been spent on this social media
campaign. He asked that there should be rules for social media.
Clyde talked about tasers and how Mario Woods would still be here if the
Department had tasers.
Meesha Irizarry spoke of town hail meetings she attended but stated that the
police presence were overwhelming.
Harry Parris spoke of how this is the third times that tasers have been raised
and spoke of problems in the police department.
Debra discussed concerns regarding police officers and how her passport was
stolen.
Ms. Paulette Brown spoke in regards to her son Aubry Abrakasa who was
murdered in 2006 and how his case is still not solved. She stated that August 14th of this
year will be 10 years since her son's murder. She asked for justice for her son and
stated that all lives matter.
Albert Rodney asked what decision was released from the shooting and spoke
of how tasers are used.
Michael Adams commended the Commission for their work and gave the
Commissioners a list of issues and suggestions in police violence and increased
community support. (Document submitted)
Andrea, Cop Watch, spoke of how SFPD does not have tasers and how
disingenuous to have tasers on the agenda and spoke of how Mario Woods due to lack
of sensitivity for human life and discussed concerns that what's happening is deeply
rooted within the police department. She went on to speak about the effects of tasers.
Unidentified spoke of how obscene to have tasers discussed now and went on
to talk about increased in deaths when tasers are introduced and stated that tasers are
not going to reduce in custody deaths and that tasers are dangerous weapons.
Nancy, SF resident, US Hastings College of Law, spoke of how adding another
weapon to the police department is not going to solve the problem. She spoke of
problems in the streets and recommended an elected police board to investigate police
officers to insure that anybody can walk down the street and not shot at and fear for
their lives.
Unidentified spoke of her son who is black and how undercover Mission officers
harassed him. She stated that the ACLU has filed a lawsuit on her son's behalf. She
spoke of how SFPD traumatized her son. She went on to talk about SFPD texting, and
how officers harassed black people. She stated that tasers is not the answer. She stated
that the lack of accountability has to stop. She calls for reform for SFPD, the POA, and
POBAR. She stated that there is nothing out there to help victims of police violence
Roger Scott, City College teacher, spoke of being arrested for civil disobedience
and stated that officers should not be equipped with tasers. Officers should wear
bulletproof vests and shields. Police should be held the same standards like anyone
else.
Karen, Coalition for Justice for Mario Woods, spoke of how the culture of San
Francisco calls for a different way of policing and spoke of how there is a lack of
accountability in police force. She spoke of systemic racism in the department and
change is needed now to make sure it doesn't happen again. She went on to urge the
Commission to consider the young people who filmed the shooting of Mario Woods.
David Eliott Lewis, CIT Working Group and Trainer, reported that they have
made good progress on the CIT DGO. He stated that the DGO is in conjunction with best
practices called for by PERF and stated that there is positive changes in dealing with use
of force.
Jeremy spoke of how tasers is being introduced tonight is crude and abusive and
a slap on the face to the community of San Francisco. He went on to speak about
individuals killed by tasers. He went on to speak about a lawsuit filed against the city in
regards to tasers. He stated that Mario Woods is dead not because the department has
no tasers.
Liz, SF Native, spoke of concerns regarding tasers and to stop wasting time with
tasers. She went on to say about countries not using gun. She went on to say that CIT
should be the first thing to do. She stated that she does not trust the police anymore.
Toby spoke of people killed by police and that tasers is not needed and that
officers need to be fired and in jailed. She went on to speak about deaths by tasers.
She went on to tell a story of a man with a machete and how officers just surround him
and how the officers waited carefully and how they took the man to the ground and no
one was killed.
Unidentified addressed the public.
Jackie, SF resident, spoke of tasers as solution for deadly shootings and stated
that the Chief should be addressing the racism that's going on and stated that tasers has
had no effect on the number of officer-involved shootings and that tasers are dangerous
and painful.
Les stated that the Commission should take responsibility for the increase in
violence and stated that bureau orders are not enforced and that tasers must be
rejected and they will only increase disrespect against the department.
Jennifer, Director Coalition of Homelessness, stated that they are discouraged
with the introduction of a new weapon and that ECDs do not reduce shootings. She
stated that tasers causes in-custody deaths and that are used are closed range. She
spoke of making systemic change in the Department but introducing tasers knock the
wind out of change.
Shannon spoke of officers in her family and spoke of a suicide incident. She
stated that we have a police force that needs to change not with the tools in their
arsenal but with tools to make them change. She made some recommendations to help
officers deal with stressful decisions and that officers should be given to correct the
situations.
David spoke of how the SFPD is a special case and spoke of the Mario Woods
incident and how SFPD is not unique and what is needed is rapid comprehensive change
in San Francisco and tasers is not part of it.
Unidentified spoke of a program in community policing and how the Japanese
wore blade resistant gloves and asked whose gun is in San Francisco's back and stated
that she is tired of coming here and spoke of how she was treated at the homeless
protest and at the Ed Lee inauguration.
Arlene Sin agrees with all the arguments brought up against tasers. She spoke
of training for officers for de-escalation and spoke of people with pacemakers and how
tasers can be very dangerous.
Charles Pitts spoke of tasers and excessive use of tasers and where is funding
going to come from.
REPORTS AND ANNOUNCEMENTS
a.
Chief's Report
(This item is to allow the Chief of Police to report on recent Police Department
activities and make announcements)
The Chief will give an update on the following topic: Summary of Super Bowl
Presentation of the Department's Proposed FY 2016/2017 Budget
Presentation of Use of Force Draft Policy
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Chief Suhr acknowledged individuals who worked on the Use of Force Policy. He
went on to highlight changes made in the Use of Force Policy. He explained that the
reporting is separated to another general order. He went on to talk about DGO 5.02 and
how it prohibits the choke holds and the carotid restraint. He spoke of use of firearms
and the emphasis is on the sanctity of human life, emphasizing thoughtful
communication, de-escalation, proportionality, creating time and distance all before use
of force. He also spoke of trying to communicate and how there can be reasons why the
subject might be non-compliant because of various reasons of diminished capacity.
There is also a straight prohibition of firing at vehicles unless the operator or occupant
poses an immediate threat by means other than the vehicle. The Chief spoke of training
attended last week and meeting with Scotland and spoke of a referral today about
London, United Kingdom and stated that about five percent of those agencies have
tasers when dealing with situations and that they are resource that are called for. The
Chief stated that he is not asking for the entire department to have tasers. He is asking
for the SWAT team and specialist officers be afforded tasers. He explained that tasers
will only be used when a suspect is armed with a weapon short of a firearm.
Commissioner Loftus explained that this is just a starting point and that this is
only the initial draft. She asked that Chief how the proposals made is going to impact
the culture of the police department.
The Chief stated that all the policies emphasize doing many other things and the
greatest of which is creating time. He stated that firearms qualification and training is
now an entire day and most of that day is emphasizing not to get in situations where
force maybe used. He stated things are in place like pointing of a firearm is a reportable
use of force; all officers are required to carry their 36-inch baton and gloves in the car at
all times and there's more policies coming and some of the high points will be put out as
department bulletins while the OGOs are being considered to have everyone slow down
and to create time and distance because the amount of times when an officer has to use
significant force or lethal force happens in a matter of minutes.
Commissioner Loftus will speak to stakeholders, send the draft policy to the DO]
for their review. After it comes back from the DOJ, there will be two community
hearings to get feedback about the DOJ's recommendations and then back to the
Commission for final adoption hopefully early April, depending on the DOJ's review.
Commissioner Deiesus discussed concerns and that a vote should be taken if we
want to have tasers for the department instead to sending it to the DO] with tasers
already on it. Commissioner Deiesus stated that a vote should be taken whether we
want tasers in SFPD. She stated that she agrees with the community and that batons
should be utilized, waiting for a sergeant to come to the scene, training. She stated that
the community does not want tasers. She stated that the Tenderloin and the Bayview
does not want tasers and those are communities where there are trust issues. She
requested quarterly use of force reports and broken down by districts and really analyze
the data. She discussed concerns that the draft already includes tasers.
Commissioner Loftus explained that the intent is to hear from people and to
evaluate what is being proposed. She stated that what should be focused on is the
revised policy and not focus on tasers. She stated that the opportunity is so much
bigger on how to actually train officers on dealing with use of force.
Commissioner Turman stated that he agrees with Commissioner Loftus and that
the use of force needs to be evaluated. He stated that he wants to hear from the 0CC in
regards to the policies. We need to make the change now and everybody should read
the policy but go through the process and understand the policy.
Commissioner Marshall spoke of being asked about the Mario Woods incident
and asked why San Francisco does not have tasers. He stated that he would like to hear
all the ideas that everyone has to offer. This is going to be looked at by the DOJ, the
stakeholders, and everyone. He stated that we are not voting and we are just gathering
ideas.
Commissioner Hwang spoke of how ECDs is such a big issue and that it should
be separated from the use of force policy. He went on to talk about the introduction of
body cameras and spoke of CIT training and dealing with crisis intervention. He spoke of
the Blue Courage Program offered at the Academy and what the academy is doing in
regards to use of force. He spoke of focusing on the use of force policy and separate the
taser discussion.
Commissioner Mazzucco spoke of the use of force DGO and the starting point of
the sanctity of human life. He spoke of the Chief's statement that if ECD5 are approved
it is a very limited and that that's a good starting point. He asked for an open discussion
and asked the community to work with the Commission and be open-minded.
Commissioner DeJesus stated that she agrees with Commissioner Hwang in that
ECDs be taken out and just talk about the use of force policy. She suggested using a
different working group and include the CIT working group, Black Lives Matter.
Commissioner Melara expressed concerns in regards to comments made by
tasers and that everyone should read the entire document and give input on the whole
document. She stated that you cannot kill one thing without looking at the entire
policy. She asked the community to look at the entire document proposed before giving
an opinion on only one part of it.
Commissioner Loftus stated that she thinks it is a mistake to proceed with not
all the information on the table.
Commissioner Deiesus asked if there should be a vote as to the process going
forward.
Commissioner Loftus explained that the bureau order does not require a vote by
the Commission and went on to ask the Chief why it was structured with a bureau
order.
Chief Suhr spoke of shields being defensive and not force option. He explained
that the reason the bureau order is in front of the Commission is because it involves a
new weapon and because he is only asking specialized unit to use it and not the whole
department.
Chief Suhr spoke of the DOJ and the description of the collaborative process and
interviews that will be done and then the implementation monitoring phase. He stated
that they will not wait to give us a list. If they see something that needs change, they
will give their recommendation immediately. He stated that he will have a dedicated
command staff that will work with the DOJ.
Chief Suhr went on to give a summary of the Super Bowl event. He stated there
were very few criminal arrest. He spoke of the crowds at the Airport was
unprecedented but everything went very well.
Catherine Maguire, Chief Financial Officer, presented the Department's
Proposed FY 2016/2017 Budget.
Commissioner Loftus will ask for budget for a Policy Analyst for the Commission
Office and budget to upgrade the Commission's website.
b.
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0CC Director's Report
(This item is to allow the Director to report on recent 0CC activities and make
announcements)
The Director will give updates on the following topics: Supervisor Malia
Cohen's January 28, 2016 Press Conference on a proposed Charter amendment
to expand the OCC's jurisdiction to include investigations of certain officerinvolved shootings where no civilian complaint was filed
Presentation of the OCC's Statistical Reports, Summary of Cases received in
December 2015, Mediation of Complaints in December 2015, Adjudication of
Sustained Complaints in December 2015, and Companion Reports
Presentation of the OCC's Statistical Reports, Summary of Cases received in
January 2016, Mediation of Complaints in January 2016, Adjudication of
Sustained Complaints in January 2016, and Companion Reports
Preliminary Discussion of the 0CC 2016/2017 Budget
Director Hicks spoke of Supervisor Cohen's January 28th 2016 press conference.
Director Hicks then presented the December 2015 and the January 2016
Comprehensive Reports.
Director Hicks then talked about the preliminary discussion of the OCC's
2016/2017 budget.
C.
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Commission Reports
Commission President's Report
Update on net steps on Use of Force policy development timeline
Discussion of public health concerns raised during community forums and
proposed next steps
Commissioners' Reports
Commissioner Loftus stated that she does not know how long DOJ will take to
make recommendations on the Use of Force Policy. She stated that it will go to the
working group and then the DOJ and then community meetings will be agendized. She
went onto talk about community feedback in regards to public health response. She
She asked
went on to announce that the next community forum is on February
what the city is doing in regards to youth witnessing the police shooting of Mario Woods
and asked for recommendations from the Commission as to what to do in response to
questions raised, i.e., letter tothe Health Commission to identify ways to work together
to address the amount of grief and suffering as a result to many types of violence.
Commissioner Melara stated that the Department of Youth and Families has
had an initiative on violence prevention in communities related to street violence and
they have community organizations that they fund that specifically deal with those
issues specifically in communities of color in the Mission and Hunters Point. She also
stated that the Department of Health has an initiative in coordination.
Commissioner Hwang suggested a joint meeting with the Human Rights
Commission to address some of these issues not necessarily under the jurisdiction of the
Police Commission.
Commissioner DeJesus asked that the policy be agendized for vote as to
whether this is the draft that is to be sent to the working group moving forward.
Deputy City Attorney Cabrera stated that a vote has to be placed on the agenda
for the Commission to vote.
Commissioner DeJesus asked that it be agendized for a vote as to whether this is
the policy that will be sent out to the working group.
d.
Commission Announcements and scheduling of items identified for
consideration at future Commission meetings
Commissioner Loftus would like presentation on CIT DGO.
Commissioner Marshall asked for EIS presentation.
Commissioner DeJesus would like a report on immigration issue and a report on
how Tasers International was awarded the body cameras. Chief Suhr stated that that
happened through the Office of Contract Administration handled the bid process.
Sergeant Kilshaw announced that there will be a meeting on February
City Hall, Room 400, at 5:30 p.m.
at
PUBLIC COMMENT
David Lewis asked for funding for lunch for officers at training and for annual
awards presentation and funding for experts from out of town. He went on to talk about
net guns as an alternative less lethal weapon.
Charles Pitts asked about nine months to do 0CC investigation and asked about
the OCC5 computer and infrastructure. He went on to ask when any weapons are used.
He went on to ask about name of working group.
Juicy thanked Chief Suhr and Commissioner Loftus and Director Hicks and all the
Commissioners and went on to talk about losing his l.D and getting it back in the mail.
Susan Christian, Human Rights Commission, spoke in regards to all the painful
things that we need to deal with in the city. She stated that she is gratified to see
training on implicit bias in the Department's budget. She encouraged the Chief and the
Commission to take the training seriously. She stated that what you're seeing in the
Department is a change in culture and asked that these trainings be substantive and
stated that she hopes to have joint meetings with the commission.
PRESENTATION OF THE USE OF FORCE DRAFT POLICY
Moved under the Chief's report and taken out of order.
ADJOURNMENT
Motion by Commissioner Mazzucco, second by Commissioner Melara.
Approved 7-0.
Thereafter, the meeting was adjourned at 9:30 p.m.
Sergeant Rachael Kilshaw
Secretary
San Francisco Police Commission
FEBRUARY 17, 2016
REGULAR MEETING
400, City Hall, Ill Dr. Carlton B. Goodlett Place, San Francisco, at 5:30 p.m.
PRESENT:
Commissioners Loftus, Turman, Mazzucco, DeJesus, Marshall, Hwang,
Melara
(Commissioner Deiesus arrived at 5:55 p.m.)
CONSENT CALEDAR
Request of the Chief of Police to accept donation of five (5) new tables and a
lectern from Girl Scout Troop 4432567, for the Richmond Station Community Room,
valued at approximately $700
Motion by Commissioner Melara, second by Commissioner Mazzucco.
Approved 5-0
PUBLIC COMMENT
Michael Petrellis spoke in regards to complaint to Sunshine Ordinance Task
Force and spoke of failure to agendized Mario Woods on February 6th and spoke of
listing specifics on the agenda.
Charles Pitts spoke of hand to hand combat.
Juliana Yee, Blue Ribbon Task Force, expressed their gratitude to Commission
for their participation and thanked the Commission for considering waiving the
attorney-client privilege
Ms. Paulette Brown spoke of the homicide of her son Aubrey Abrakasa and
stated that this year on August 14th it will be ten years. She expressed concern that her
son's case is still a cold case and asked for closure for her son's case.
Unidentified spoke of religion and politics. He spoke for closure and love for the
son of Ms. Paulette Brown and asked for people to step up and help solve this case.
Unidentified spoke of her concerns.
Michael Adams asked that the Commission consider ballistic shields when
considering the use of force policy and spoke of the use of black paper shooting targets
and spoke of the use of tasers and asked that officers be rewarded for not killing people.
Unidentified thanked the Commission for listening and went on to talk about
Judge Scalia.
a.
Chief's Report
The Chief will give an update on the following topics: Limited English Proficiency (LEP
Department Bulletins & Reorganization of Department Structure
Presentation re: Academy Training on Re-engineering the Use of Force
Presentation re: Earthquake Safety & Emergency Response (ESER) Bond
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Chief Suhr gave a quick update in regards to a double homicide on Twin Peaks
and spoke of the partnership with the Richmond PD to make an arrest. He spoke in
regards to the LEP bulletins and department general orders. The Chief then spoke of a
new bureau of Professional Standards and introduced Deputy Chief Chaplin who will be
the head of the new bureau.
Deputy Chief Chaplin addressed the Commission and stated that he looks
forward to working with the Commission.
Captain Greg Yee, Academy, presented the Use of Force Training and Policy
Review,
John Goldberg, Department of Public Works, gave a brief overview in regards to
the ESER Bond for district station upgrade. He then introduced Lisa Zhou who
presented the ESER Program report.
b.
(This item is to allow the 0CC Director to report on recent activities and make
announcements)
Director Hicks had no recent activities to report.
C.
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Commission Reports
Update on Use of Force Draft Policy Working Group
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Commissioner Loftus reported on the draft policy working group meeting
scheduled on Feb 23d, at the Public Safety Building, from 10a.m. to 2 p.m.
Commissioner Loftus also announced that the Commission will be able to provide the
draft policy, with feedback, to DOJ in hopes that it can be returned to the Commission in
time to get feedback from the public and vote for adoption in early April. She also
announced that the Collaborative Review will have its Listening Session on Wednesday,
February 24th, at 6 p.m. to 8 p.m., Thurgood Marshall High School Auditorium.
Commissioner Hwang asked if there has been increased community
participation in the working group. Sergeant Kilshaw announced that there are
representatives on the stakeholder group that have been invited from the ACLU, Public
Defender's Office, Department of Human Relations, Human Rights Commission, POA, all
of the police employee groups which include Pride Alliance, Officers for Justice,
Women's Police Officers Association, Asian POA, Latin POA, SF Bar Association, Coalition
on Homelessness and the 0CC.
d.
Sergeant Kilshaw announced that there will be no meeting next week.
PUBLIC COMMENT
Peter Dumont, Star Alliance Foundation for All, spoke of transcendental
meditation and spoke of sudden expression of love and goodwill can actually be a
weapon.
BLUE RIBBON TASK FORCE REQUEST FOR ALL MATERIALS PROVIDED TO NEWLY
APPOINTED COMMISSIONERS. VOTE WHETHER TO WAIVE THE ATTORNEY-CLIENT
PRIVILEGE FOR MATERIALS THE CITY ATTORNEY'S OFFICE ASSEMBLES FOR NEWLY
APPOINTED COMMISSIONERS
Commissioner Loftus gave a brief background explanation regarding this item.
Motion by Commissioner DeJesus to have Commission Staff to provide a
summary of documents to the Blue Ribbon Task Force. Second by Commissioner
M ela ra.
AYES: Commissioners Loftus, Marshall, DeJesus, Mazzucco, Melara, Hwang
NAYS: Commissioner Turman
DISCUSSION AND POSSIBLE ACTION TO ADOPT A RESOLUTION IN SUPPORT OF
SUPERVISOR MALIA COHEN'S PROPOSED CHARTER AMENDMENT TO INCREASE THE
OFFICE OF CITIZEN COMPLAINTS JURIDICTION TO INVESTIGATE OFFICER-INVOLVED
SHOOTINGS
Taken out of order.
Supervisor Cohen asked for the Commission's support for her measure to bring
to the voters for the 0CC to investigate all officer-involved shootings.
Commissioner Hwang discussed concerns regarding additional support and
budget to be provided to the 0CC to take on this additional task.
PUBLIC COMMENT
Michael Petrellis spoke of changing the agenda to accommodate Supervisor
Cohen and asked for a copy of the resolution. He went on to talk about how the names
of the officers are kept confidential.
Charles Pitts spoke of what type of investigation is going to be done when there
is no money to have enough investigators.
Motion by Commissioner Mazzucco, second by Commissioner Melara to
approved verbal resolution read by Commissioner Loftus on the ready. Approved 5-2.
AYES; Commissioners Marshall, DeJesus, Mazzucco, Hwang, Melara
NAYS: Commissioners Loftus, Turman
Motion by Commissioner Melara to rescind previous vote. Second by
Commissioner Mazzucco. Approved 6-1.
AYES: Commissioners Loftus, Turman, Marshall, Mazzucco, Hwang, Melara
NAYS: Commissioner DeJesus
Motion by Commissioner Melara, second by Commissioner Marshall to support
Supervisor Cohen's Proposed Charter Amendment to Increase the OCC's Jurisdiction to
investigate Officer-Involved Shootings.
AYES: Commissioners Loftus, Turman, Marshall, DeJesus, Mazzucco, Hwang, Melara
Approved 7-0.
PUBLIC COMMENT
Charles Pitts spoke of documents before the public and concerns regarding
changing the agenda around.
RESOLUTION NO. 16-13
RESOLUTION SUPPORTING SUPERVISOR COHEN'S PROPOSED CHARTER AMENDMENT
TO INCREASE THE OCC'S JURISDICTION TO INVESTIGATE OFFICER INVOLVED
SHOOTINGS
WHEREAS, the OCC's current jurisdiction is to investigate officer-involved
shootings only when a complaint is filed;
WHEREAS, on January 26, 2016, Supervisor Malia Cohen introduced a proposed
Charter amendment to increase the OCC's jurisdiction to investigate officer-involved
shootings;
WHEREAS, this Charter amendment would enable the 0CC to immediately begin
investigations in all San Francisco Police Department officer-involved shootings resulting
in death or serious bodily injury; therefore be it
RESOLVED, that the San Francisco Police Commission supports Supervisor Malia
Cohen's proposed Charter amendment to increase the OCC's jurisdiction to investigate
officer-involved shootings.
AYES: Commissioners Loftus, Turman, Marshall, DeJesus, Mazzucco, Melara, Hwang
PUBLIC COMMENT ON ALL MATTERS PERTAINING TO CLOSED SESSION
Charles Pitts asked when documents will be released from Closed Session.
VOTE ON WHETHER TO HOLD CLOSED SESSION
Motion by Commissioner Melara, second by Commissioner DeJesus. Approved
7-0.
CLOSED SESSION (8:40 p.m.
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9:20 p.m.)
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 DISCIPLINE: Assignment of disciplinary charges filed in Case No.
lAD 2015-0221 to an individual Commissioner for the taking of evidence on a date to
be determined by the Commissioner
(PRESENT: Commissioners Loftus, Turman, Marshall, Mazzucco, DeJesus, Hwang,
Melara, Chief Suhr, Deputy Chief Sainez, Deputy City Attorney Russi, Sergeant Kilshaw,
Risa Tom, Attorney Alden, Attorney Pendergast, and member involved)
PUBLIC EMPLOYEE DISCIPLINE: Assignment of disciplinary charges filed in Case No.
lAD 2015-0059 to an individual Commissioner for the taking of evidence on a date to
be determined by the Commissioner
Risa Tom, Attorney Alden, Attorney Shea, and member involved)
PUBLIC EMPLOYEE DISCIPLINE: Discussion and possible action to accept or reject
Stipulated Disposition of disciplinary charges filed in Case No. lAD 2015-0164, or take
other action, if necessary
Risa Tom, Attorney Alden, Attorney Sullivan, and member involved)
(Token in shorthand form by Ms. Anna Greenley, CSR., Roomian and Associates)
PUBLIC EMPLOYEE DISCIPLINE: Approval to take Disciplinary Case No. ALW lAD 20150307 off calendar due to member's resignation
Risa Tom)
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
Melara, Chief Suhr, Deputy Chief Sainez, Sergeant Kilshaw, Risa Tom)
OPEN SESSION (9:20 p.m.)
VOTE TO ELECT WHETHER TO DISCLOSE ANY OR ALL DISCUSSION HELD IN CLOSED
SESSION
Motion by Commissioner Marshall, second by Commissioner Mazzucco for nondisclosure. Approved 7-0.
ADJOURNMENT
Approved 7-0.
Secretary
MARCH 2, 2016
REGULAR MEETING
400, City Hall, #1 Dr. Canton B. Goodlett Place, San Francisco, at 5:30 p.m.
PRESENT:
ABSENT:
Commissioners Loftus, Turman, Mazzucco, Marshall, Hwang, Melara
Commissioner DeJesus
Commissioner Loftus announced that the 0CC Status Report or the Sparks
report be taken off the consent calendar and put over for a later date.
CONSENT CALENDAR
SFPD/OCC Status Report on General Orders/Policy Proposals 4th Quarter 2015
(Token off Calendar)
SFPD/OCC Document Protocol Quarterly Report 4th Quarter 2015
Request of the Chief of Police to accept donation of $500 from Hilton San
Francisco Financial District, for the Police Activities League
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Motion by Commissioner Mazzucco, second by Commissioner Marshall.
Approved 6-0.
APPROVAL OF THE REQUEST OF THE CHIEF OF POLICE TO ACCEPT DONATION OF
$500.00 FROM HILTON SAN FRANCISCO FINANCIAL DISTRICT, FOR THE POLICE
ACTIVITIES LEAGUE
RESOLVED, that the Police Commission hereby approves the request of the
Chief of Police to accept donation of $500.00 from Hilton San Francisco Financial
District, for the Police Activities League.
AYES:
ABSENT:
Commissioners Loftus, Turman, Marshall, Mazzucco, Hwang, Melara
Commissioner Deiesus
PUBLIC COMMENT
Clyde spoke regards Gary Delagnes talking about District Attorney Gascón being
a racist.
John Crew asked about Senator Leno's bill about transparency on records of
police misconduct and asked the Commission if it will be calendared to show support of
the bill.
David spoke in regards to an article about an officer in S. San Francisco who
killed a 15-year old kid and then was hired by the SFPD. He stated that these kind of
officers should be rejected by the department.
Unidentified spoke of range targets being black or grey and talked about white
targets which looks more like a human being and hopes that the department can
explore other options.
Bob spoke of tasers and separating it from the discussion of use of force. He
stated that tasers are not necessary and it is not the answer.
Starchild thanked the Commission for supporting Malia Cohen's ordinance. He
went onto talk about patrol special officers and expressed concern about the Chief
sitting with the same panel as the Commission. He went on to oppose tasers.
a.
Chief's Report
The Chief will give updates on the following topics: Social Media Policy
Presentation of the Limited English Proficiency Services Annual Report
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Chief Suhr gave a brief update on the social media policy and stated that draft is
done and is in the meet and confer process and will be presented to the Commission for
consideration. The Chief also stated that the CIT general order is almost done and
hopefully will come before the Commission in 30 to 45 days. The Chief then went on to
talk about meeting with PERF, Commissioner Charles Ramsley, Assistant Chief Bernard
Higgins, former Assistant Chief Tom Wilson on the re-engineering of use of force. He
stated that also present were the Department of Justice, the Physical Training and
Defensive Tactics staff, Range staff, and commissioned officers in the rank of lieutenant
and above. The Chief announced the graduation of more cadets and thank Mark Benioff
for funding the Cadet Program. The Chief also spoke of the promotion of 12 captains
effective Saturday.
Lieutenant Dangerfield and Sergeant Kin presented the annual Limited English
Proficiency Services Annual Report 2015.
Attorney Samara Marion addressed the commission. She went on to introduce
some of the members of the advocates group.
Artee spoke regarding certification and training in translation for SFPD bilingual
members. She also spoke of the language access card which is not really a card and
stated that it is too clunky. She spoke of the district stations where some stations are
doing more than others. She spoke of some stations having certain cultures.
Ana, Language Access Project Coordinator and part of the LEP working group,
spoke of their participation in the trainings for recruits and thanked Lt. Dangerfield and
everyone involved in the training. She went on to talk about numbers of LEP contacts
responded to by officers at the stations and 911 contacts and would like to see data
from different stations as to which stations are providing the services and which ones
are not.
Beverly Upton, SF Domestic Violence Consortium, spoke of how people are still
going to district stations their reports are not taken and that it is still a big issue. She
stated this is a public safety issue. She stated there should be more bicultural/bilingual
officers out there.
Commissioner Loftus thanked all the advocates who are in attendance.
b.
announcements)
Presentation of the OCC's 2015 First Amendment Compliance Audit of San
Francisco Police Department Records pursuant to Department General Order
8.10
-
Director Hicks spoke of attending the Bar Association Criminal Task Force
meeting and also attending the COPS DOJ Listening Session at Thurgood Marshall High
School. She also spoke of testifying the Rules Committee of the Board of Supervisors on
Supervisor Cohen's ballot measure where the Rules Committee voted to forward the
measure to the full Board.
Director Hicks then presented the OCC's 2015 First Amendment Compliance
Audit of SFPD Records pursuant to Department General Order 8.10.
C.
-
Commission Reports
Proposed reforms sent to the Mayor
Testimony before Blue Ribbon Panel
Schedule for Use of Force Draft Policy
-
-
-
-
Commissioner Loftus spoke of the letter sent to the Mayor in regards to
proposed reforms. Commissioner Loftus then spoke of her testimony before the Blue
Ribbon Panel on February 22d
Commissioner Loftus spoke of the schedule of the use of force draft policy and
stated that she will extend it to two more meetings with the working group and
hopefully bring it back to the Commission in early April.
Commissioner Mazzucco spoke of his concerns regarding the Blue Ribbon Panel
questioning and how the judges really didn't have the understanding on how the Police
Commission works. He then spoke of attending the lateral graduation last week and of
attending the funeral of Lt. Greg Dare who passed away while in lieutenant's school. He
asked that the meeting be adjourned in his honor.
Commissioner Hwang spoke in regards to the case of Peter Leung and the
concerns of the Chinese American community. He also spoke of attending the citywide
CPAB meeting last night. He spoke of Officer JJ Johnson and his experience since the
Mario Woods incident.
Commissioner Turman also spoke in regards to the Blue Ribbon Panel and
concerns regarding a specific question about the Mayor's relationship with the POA and
asked why that question was put to President Loftus and also the question about having
non-lawyers as part of the Commission. He also spoke of the question by the Panel
about commissioners being too close to the Chief. He stated that he is looking forward
to the Panel's findings but stated that he is proud of the work he has done with the
Commission. He stated that he welcomes the input of anyone who has something
constructive to say but he's not welcoming of input that seems to be tracking down a
biased track before it's even begun.
Commissioner Melara spoke of her Blue Ribbon Panel interview. She spoke of
her meeting with the California Partnership against Domestic Violence legislative
meeting and a bill that they are promoting that will affect the police department which
will required police departments to waive the fees for other forms of domestic violence
such as elderly abuse, sexual assault and human trafficking.
d.
Commissioner Loftus announced that she and Commissioner Turman attended a
meeting with the Tenderloin community specifically in regards to a mother having
difficulty of brining her child to Bart because of drug dealing. She stated that she will
update the Commission when there is a plain in regards to issues raised.
PUBLIC COMMENT
John Crew spoke in regards to the OCC's 8.10 Audit.
Michael Petrelis spoke in regards to DA Gascón being corrupt and that the Panel
that Gascón has convene is a real problem because Gascón is looking for a higher office.
Bob spoke of article regarding police culture and stated that a panel asking
about the Department is a good thing.
VOTE ON WHETHER CONDUCTED ENERGY DEVICE (CED) SHOULD BE SEPARATED FROM
THE DISCUSSION OF USE OF FORCE AND CONSIDERED AT A LATER TIME
Commissioner Loftus explained why this item is on the agenda. She went on to
explain the argument of Commissioner DeJesus.
Commissioner Hwang asked that this item be put over at a time when
Commissioner DeJesus is present.
PUBLIC COMMENT
John Crew supports that tasers be separated from the use of force draft policy
discussions.
Bob supports that tasers be separated from the entire use of force process.
Unidentified spoke of the definition of use of force and stated that the use of
force policy should be universal.
Unidentified spoke of seeking physicians input before discussion tasers.
Motion by Commissioner Hwang to put this item over, second by Commissioner
Turman.
AYES: Commissioners Loftus, Turman, Marshall, Mazzucco, Hwang
NAYS: Commissioner DeJesus
ASSIGNMENT OF COMMISSION AND SETTING OF DATE FOR THE TAKING OF EVIDENCE
ON DISCIPLINARY CHARGES FILED AGAINST PATROL SPECIAL OFFICERS SAMUEL REYES
AND JOHN ANDREWS. (FILE NO. ALW lAD 2014-0051)
Attorney Ashley Worsham appeared on behalf of the Department.
Patrol Special Officer Reyes appeared in person.
This case is assigned to Commissioner Mazzucco. Commissioner Mazzucco
explained the process to PSO Reyes. He asked PSO Reyes to find counsel within the next
five days and status conference will be on Friday, March 11th
Patrol Special Officer Andrews is not present. Commissioner Mazzucco stated
that PSO Andrews is not in responding and that this matter will be heard next week.
PUBLIC COMMENT
None
PUBLIC COMMENT ON ALL MATTERS PERTAINING TO CLOSED SESSION
None
VOTE ON WHETHER TO HOLD CLOSED SESSION
Motion by Commissioner Melara, second by Commissioner Turman. Approved
6-0.
CLOSED SESSION (7:30 p.m. - 7:35 p.m.)
PERSONNEL EXCEPTION: Assignment of Commissioner and setting of date for taking
of evidence in Disciplinary Case No. ALW lAD 2015-0092
(PRESENT: Commissioners Loftus, Turman, Marshall, Mazzucco, Hwang, Melara, Chief
Suhr, Deputy Chief Sainez, Deputy City Attorney Russi, Sergeant Kilshaw, Risa Tom,
Attorney Worsham, Attorney Fox, and member involved)
PERSONNEL EXCEPTION: Status and calendaring of pending disciplinary cases
(PRESENT: Commissioners Loftus, Turman, Marshall, Mazzucco, Hwang, Melara, Chief
Suhr, Deputy Chief Sainez, Deputy City Attorney Russi, Sergeant Kilshaw, Risa Tom)
OPEN SESSION (7:35 p.m.)
VOTE TO ELECT WHETHER TO DISCLOSE ANY OR ALL DISCUSSION HELD IN CLOSED
Motion by Commissioner Marshall, second by Commissioner Melara for nondisclosure. Approved 6-0.
ADJOURNMENT
Motion by Commissioner Mazzucco to adjourn the meeting in honor of
Lieutenant Dare who recently passed away. Second by Commissioner Marshall.
Approved 6-0.
Secretary
REGULAR MEETING
MARCH 9, 2016
400, City Hall, *1 Dr. Carlton B. Goodlett Place, San Francisco, at 5:30 p.m.
PRESENT:
ABSENT:
Commissioners Loftus, Mazzucco, Marshall, DeJesus, Hwang, Melara
Commissioner Turman
CONSENT CALENDAR
Request of the Chief of Police to accept donation of 20 baseball caps that were
given to the Central Station Command Post by the Super Bowl 50 Host
Committee, valued at approximately $100.00
-
PUBLIC COMMENT
Unidentified discussed her concerns regarding University School and her
medication and her general health card with the Public Health Department.
Approved 6-0.
APPROVAL OF THE REQUEST OF THE CHIEF OF POLICE TO ACCEPT DONATION OF 20
BASEBALL CAPS THAT WERE GIVEN TO THE CENTRAL STATION COMMAND POST BY
THE SUPER BOWL 50 HOST COMMITTEE, VALUED AT APPROXIMATELY $100.00
Chief of Police to accept donation of 20 baseball caps that were given to the Central
Station Command Post by the Super Bowl 50 Host Committee, valued at approximately
$100.00.
AYES:
ABSENT:
Commissioners Loftus, Marshall, Deiesus, Mazzucco, Hwang, Melara
Commissioner Turman
PUBLIC COMMENT
John Crew would like the admonishment reports to be no discipline. He went
onto talk about the 0CC reports. He went on to talk about e-citations and traffic stops.
Ms. Paulette Brown spoke in regards to her son Aubrey Abrakasa and how his
case is still not solved. She stated that his birthday is coming up and it is very hard for
her. She asked for justice for her son. She stated that the police knows who killed her
son and went on to show the names of the perpetrators who shot her son. She asked
that if the police knows who killed her son why is nothing being done.
Clyde spoke of the passing a great lady.
Unidentified spoke of general order regarding firearms and spoke of
preservation of human life. He spoke of department-issued weapons and to include the
rule for non-departmental issued firearm.
a.
Chief's Report
Status update on Department Reforms
Update regarding the Early Intervention System
-
-
Chief Suhr gave a brief update on the upcoming summer jobs program. He also
spoke of the PAL Cadet Program and the Department's Cadet Program and pays $16.50
an hour.
Deputy Chief Chaplain presented the update on the Department reforms. He
spoke of the DOJ's listening session, training on cultural competency with Reverend
Brown. He also gave a brief update on the use of force policy. Chief Chaplain also gave
a brief update on CIT with regards to the firearms training.
Chief Suhr spoke of the Range training and spoke of de-escalation training to
move to the Academy.
Sergeant Youngblood presented the update regarding the Early Intervention
System.
b.
announcements)
-
Presentation of the OCC's Statistical Reports, Summary of Cases received,
Mediation of Complaints, and Adjudication of Sustained Complaints in
February 2016, and Companion Reports
Director Hicks gave a brief update on presentation by Commission staff to
different groups at the Academy. She also spoke of attending the DOJ's listening
sessions.
Director Hicks then went on to present the OCC's Statistical Reports for
February 2016.
C.
-
Commission Reports
-
-
Report on Tenderloin concerns
Commissioner Loftus gave a brief update regarding meeting with the Tenderloin
community concerns. Commissioner Loftus announced that that was a follow up and
stated that the District Attorney is looking into the claim of one mother's concern in
regards to taking her child to school and having to deal with drug dealers in the streets.
Commissioner Loftus also stated that Captain Ewins is working with the District
Attorney's office to deal with those issues.
Commissioner Loftus gave a brief update on her meeting with the DOJ
representatives and announced that she also appeared with the Chief on Commissioner
Marshall's radio show.
Commissioner Mazzucco thanked Commissioner Loftus for meeting with the
mother in regards to her daughter. Commissioner Mazzucco also reported with the DOJ
today.
Commissioner Hwang spoke of meeting with Senator Leno in regards to a
legislation in regards to officer's records.
d.
Sergeant Kilshaw announced that next week's meeting will be in the Richmond
District at Jewish Community Center, 3200 California Street, room 206, starting at 6 p.m.
PUBLIC COMMENT
John Crew commented on the Early Intervention System and suggested that this
item be placed back on the agenda as a separate agenda item.
Unidentified discussed her concerns.
DISCUSSION REGARDING THE SFPD/OCC REPORT ON GENERAL ORDERS/POLICY
PROPOSALS "SPARKS REPORT"
0CC Attorney Samara Marion presented the overview and brief background of
the "Sparks" Report.
PUBLIC COMMENT
John Crew spoke in regards to recommendation pending for six months and
asked for a deadline that recommendation be issued.
Unidentified discussed her concerns.
APPROVAL TO TAKE OFF CALENDAR DISCIPLINARY CHARGES FILED AGAINST
ASSISTANT PATROL SPECIAL OFFICERS CHRISTIAN CRANE, STAR NO. 2643, AND
THOMAS WONG, STAR NO. 2554 (FILE NO. ALW [AD CASE NO. 2013-0193) DUE TO
THEIR RESIGNATIONS
Officer Brown, Patrol Special Liaison, explained the matters of Christian Crane
and Thomas Wong.
PUBLIC COMMENT
None
Motion by Commissioner Mazzucco, second by Commissioner Melara to take
the case of Asst. Patrol Specials Officers Crane and Wong off calendar.
AYES: Commissioner Loftus, Marshall, DeJesus, Mazzucco, Hwang, Melara
APPROVAL TO TAKE OFF CALENDAR DISCIPLINARY CHARGES FILED AGAINST
ASSISTANT PATROL SPECIAL OFFICERS CHRISTIAN CRANE, STAR NO. 2643, AND
THOMAS WONG, STAR NO. 2554
WHEREAS, on April 14, 2014, Chief of Police Gregory P. Suhr made and disciplinary
charges against Assistant Patrol Special Officers Christian Crane, Star No. 2643, and
Thomas Wong, Star No. 2554, as follows:
SPECIFICATION NO. 1
APSO Crane failed to work a minimum of eight (8) hours per week as required by Rule
4.13 of the Interim Rules and Procedures for Patrol Special Officers and their Assistants
(a violation of Rule 4.13 of the Interim Rules and Procedures for Patrol Special Officers
and their Assistants);
SPECIFICATION NO. 2
APSO Crane failed to follow the lawful orders and directives of a Police Officer 9 (a
violation of Rule 4.03 of the Interim Rules and Procedures for Patrol Special Officers and
their Assistants);
SPECIFICATION NO. 3
APSO Wong failed to work a minimum of eight (8) hours per week as required by Rule
4.13 of the Interim Rules and Procedures for Patrol Special Officers and their Assistants
(a violation of Rule 4.13 of the Interim Rules and Procedures for Patrol Special Officers
and their Assistants).
WHEREAS, Assistant Patrol Special Officer Christian Crane, Star No. 2643, has resigned
from the Patrol Special Program with said resignation effective April 4, 2014; and
WHEREAS, Assistant Patrol Special Officer Thomas Wong, Star No. 2554, has resigned
from the Patrol Special Program with said resignation effective June 9, 2014; therefore
be it
RESOLVED, that said charges of violating the Rules and Procedures of the San Francisco
Police Department filed against Assistant Patrol Special Officers Christian Crane and
Thomas Wong, be, and the same are hereby continued off calendar with the condition
that said disciplinary charges be placed back on the Police Commission calendar should
Assistant Patrol Special Officers Crane and Wong be within the jurisdiction of the Police
Commission in the future.
AYES:
ABSENT:
Commissioners Loftus, Mazzucco, Marshall, DeJesus, Hwang, Melara
Commissioner Turman
HEARING ON DISCIPLINARY CHARGES FILED AGAINST PATROL SPECIAL OFFICER JOHN
ANDREWS (FILE NO. ALW lAD 2014-0051) OR TAKE OTHER ACTION, IF NECESSARY
Ms. Ashley Worsham, for the Department.
Commissioner Mazzucco explained how P50 Andrews has not complied or
replied to any contacts by the Department.
Deputy City Attorney Russi asked that Officer Brown be put under oath.
(These proceedings were taken in shorthand form by Ms. Anna Greenley, CSR., Room ian
and Associates.)
Motion by Commissioner Mazzucco to revoke the appointment of Patrol Special
Officer John Andrews. Second by Commissioner Melara. Approved 6-0.
PUBLIC COMMENT
Unidentified spoke regarding her concerns.
AYES:
ABSENT:
Commissioners Loftus, Marshall, DeJesus, Mazzucco, Hwang, Melara
Commissioner Turman
HEARING OF PATROL SPECIAL OFFICER JOHN ANDREWS, STAR NO. 2536
(FILE NO. ALW IAD 2014-0051)
The hearing of Patrol Special Officer John Andrews, Star No. 2536, was called it
having been set for this date. Patrol Special Officer Andrews was charged, in a properly
verified complaint by Gregory P. Suhr, Chief of Police of the San Francisco Police
Department, on August 11, 2015, with violating the Rules and Procedures, as follows:
SPECIFICATION NO. 1
PSO Reyes and P50 Andrews have failed to work and or manage their Patrol special
Beats in several years and both have allowed others to work or manage their beats in
violation of the Interim Rules and Procedures for Patrol Special Officers and their
Assistants (a violation of Rule 4.11 of the Interim Rules and Procedures for Patrol Special
Officers and their Assistants);
SPECIFICATION NO. 2
P50 Reyes and P50 Andrews failed to attend training or qualify at the Range in the past
several years (a violation of Rule 3.05 of the Interim Rules and Procedures for Patrol
Special Officers and their Assistants);
SPECIFICATION NO. 3
PSO Andrews failed to respond to several certified letters sent by the Department and
he has failed to communicate with the Department (a violation of Rules 4.03 and 4.04 of
the Interim Rules and Procedures for Patrol Special Officers and their Assistants).
Ms. Ashley Worsham, Attorney at Law, and Officer Carla Brown, Patrol Special
Officers Liaison, appeared on behalf of the San Francisco Police Department.
Patrol Special Officer John Andrews was not present and failed to appear.
Notification to appear was sent on March 3, 2016.
The Commission took the matter under submission and the following resolution
was adopted:
DECISION HEARING OF PATROL SPECIAL OFFICER JOHN ANDREWS
(FILE NO. ALW 2014-00511
-
WHEREAS, on August 11, 2015, Chief Gregory P. Suhr, Chief of Police of the San
Francisco Police Department, made and served charges against Patrol Special Officers
Samuel Reyes, Star No. 2623 and John Andrews, Star No. 2536, as follows:
GENERAL ALLEGATIONS
(1)
At all times herein mentioned Patrol Special Officer Samuel Ryes, Star Number
2623 and Patrol Special Officer John Andrews, Star Number 2536, (hereinafter referred
to as PSO Reyes and PSO Andrews) were and are Patrol Special Officers.
(2)
A Patrol Special is defined as "A private patrol person, appointed by the
Commission, who contacts to perform security duties of a private nature for private
persons or businesses within the geographical boundaries set forth by the Police
Commission. A Patrol Special Officer is the owner of a beat."
(3)
Patrol Specials and Assistant Patrol Specials are not members of the uniform
ranks of the Police Department and they are not employees of the City and County of
San Francisco. All Patrol Special Officers are responsible for knowing and obeying the
rules and procedures of the Patrol Special Officers and Assistant Patrol Special Officers.
(See the Interim Rules and Procedures for Patrol Special Officers and Their Assistants,
Adopted by the San Francisco Police Commission, December 10, 2008).
(4)
encompassed in those rules is the directive that Patrol Specials and their
Assistants shall obey all written orders of the Department that are not clearly
inapplicable to their respective assignments. (See Rule 3.12(A) of the Interim Rules and
Procedures of Patrol Special Officers and Their Assistants.)
SPECIFICATION NO, 1
PSO Reyes and PSO Andrews have failed to work and or manage their Patrol special
Beats in several years and both have allowed others to work or manage their beats in
violation of the Interim Rules and Procedures for Patrol Special Officers and their
Assistants (a violation of Rule 4.11 of the Interim Rules and Procedures for Patrol Special
Officers and their Assistants);
(5)
The allegations incorporated in paragraphs (1) through (4) are incorporated by
reference as though fully set forth herein.
(6)
It is alleged that PSO Reyes had been inactive as a Patrol Special Officer since he
left his duties due to medical issues in 2007. Despite his medical issues and inability to
work, PSO Reyes has continued to operate his beats with the use of Assistant Patrol
Specials which is prohibited by the Interim Rules.
(7)
On April 7, 2007, October 8, 2007, April 7, 2008, October 7, 2008, April 19, 2009,
and October 16, 2009, PSO Reyes stated in several memorandums that he would be
unable to participate in semi-annual range qualifications because he was recovering
from a foot injury.
(8)
When questioned about his foot injury, PSO Reyes stated that he was under a
doctor's care, but failed to provide any written verification.
(9)
In June, 2013, Patrol Special Liaison SFPD Officer Carla Brown spoke with PSO
Reyes regarding his current status. At that time, she informed PSO Reyes that he could
not continue to operate his beats with the use of Assistant Patrol Specials only.
-
(10)
Shortly thereafter, (on or about July 1, 2013) Officer Brown received a
memorandum from PSO Reyes thanking her for her concern and stated that his
intention was to return to work shortly.
(11)
Officer Brown also conducted a thorough review of P50 Reyes' employment file
and she was unable to find any medical documentation regarding PSO Reyes' injuries.
(12)
In September, 2013, P50 Reyes failed to appear for his Range qualification and
in October 2013, he failed to appear for training.
(13)
On or about January 22, 2014, Officer Brown spoke with PSO Alan Byard and
asked about P50 Reyes' status. P50 Byard stated that he believed P50 Ryes was
permanently retired and would not be returning to work.
(14)
Officer Brown emailed P50 Ryes on January 27, 2014 requesting clarification
regarding his Assistant Patrol Specials. According to Officer Brown, PSO Reyes was
vague regarding their assignments, the specific days they worked, their shift
assignments, and vehicles being driven. PSO Reyes was vague in all his responses to
Officer Brown.
On January 28, Officer Brown sent PSO Reyes yet another email requesting an
(15)
update on his health status and possible return to work date.
On February 4, 2014, P50 Reyes sent an email to Officer Brown stating that he
(16)
had already answered all of her questions. He then went on to say that her repeated
questions were causing him great pressure and that he might have to see a doctor again
due to the stress she was causing. He further stated that he felt threatened but noted
what he thought were great things he had done for the city of San Francisco.
On February 19, 2014, Officer Brown received a packet of papers from P50
(17)
Reyes. In this packet, P50 Reyes stated that after his July email, he started exercising
and that 55 days later he felt pain in his foot. According to PSO Reyes, he was advised
by his doctor that he needed at least another four to five months to heal from his new
injury. Once again, PSO Reyes did not prove a doctor's note; he only provided pictures
of his injured toe. P50 Reyes expressed again that he felt threatened by the
conversations regarding his job status. He further stated that Rule 4.11 did not apply to
him because he was having other Patrol Specials patrol his beats.
(18)
In regards to PSO Andrews, t2537, he became ineligible to work as Patrol
Special Officer on July 2, 2010 when he failed to qualify at the Range on April 7, 2010.
He was informed by formal letter that his status had been changed to inactive.
After P50 Andrews was placed on inactive status, he ceased turning in any and
(19)
all paperwork related to his beats. In June 2010, a letter was sent to the City Attorney's
Office requesting that PSO Andrews be released from the program. The Department
never received a response.
(20)
In May 2013, Officer Brown sent out a letter to all Patrol Specials and Assistant
Patrol Specials requesting that they turn in all missing paperwork. At the time, she
received liability insurance for P50 Alan Byard under the name of John Andrews.
(21)
Officer Brown suspected that PSO Andrews was still working his beats or having
another Patrol Special or Assistant Patrol Special work his beats since he still had
insurance for the beats.
(22)
Officer Brown sent PSO Andrews a certified letter on June 18, 2013 and
requested he turn in all his missing paperwork. The letter was signed for on June 19,
2013 but was subsequently returned to the Post Office with the words, "Send back,
does not want or except," written on the front of the envelope.
(23)
PSO Alan Byard's 2014 annual information sheet listed PSO Andrews as the
Patrol Special Officer he works for and his monthly service logs from October through
December 2013 list him as working PSO Andrews' beats.
(24)
According to Officer Brown, P50 Andrews isn't working his beats and he
continues to have others operate his beats which poses a significant liability for the City.
Additionally, Officer Brown has proof of P50 Andrews' liability insurance, but no proof
of worker's compensation insurance or vehicle insurance. Furthermore, despite
repeated requests from Officer Brown, PSO Andrews has not complied with requests to
turn in his information sheet or client list in the past four (4) years.
(25)
PSO Andrews has also failed to qualify at the range or attend mandatory
training as required by the Interim Rules.
(26)
P50 Reyes and P50 Andrews, by failing to personally patrol their subscriber's
locations within their beat and relying solely on the services of Assistant Patrol Specials,
failed to adhere to the minimum requirements mandated by the Interim Rules and
Procedures for Patrol Specials and their Assistants. Any reasonable Patrol Special
Officer must know that failure to patrol their own beats is conduct that is cause for
discipline and/or revocation of his appointment. Rule 4.11 of the Interim Rules and
Procedures for Patrol Special Officers and Their Assistants, states:
4.11 ATTENTION TO DUTY. Patrol Specials and Assistant Patrol Specials shall
patrol their subscribers' locations within their beat constantly and diligently within the
limits of their contractual obligations. Patrol Specials must personally participate in the
patrol of their beats. They cannot rely solely on Assistants to conduct patrol services.
SPECIFICATION NO. 2
PSO Reyes and PSO Andrews failed to attend training or qualify at the Range in the past
several years (a violation of Rule 3.05 of the Interim Rules and Procedures for Patrol
Special Officers and their Assistants)
(27)
As the Patrol Special Liaison, Officer Brown has been given the authority to
(28)
oversee the Patrol Special and Assistant Patrol Special Program. With that responsibility
as the Patrol Special Officer Liaison, comes the authority to direct Patrol Special Officers
to comply with her orders and the requirements listed in the Interim Rules.
Both PSO Reyes and PSO Andrews failed to comply with the mandatory
(29)
classroom instruction and mandatory Range qualification.
Both PSO Reyes and PSO Andrews were required to attend mandatory training
(30)
and mandatory bi-annual Range qualification. Any reasonable Patrol Special Officer
must know that failure to complete mandatory training and Range qualification is cause
for discipline and or dismissal from the program. Such conduct violates Rule 3.05(a) of
the Interim Rules and Procedures for Patrol Special Officers and Their Assistants and
states:
3.05 TRAINING. Patrol Specials and Assistant Patrol Specials shall participate in
additional training as required by the Chief of Police. Costs for training provided by the
San Francisco Police Department shall be paid for by the Patrol Specials and Assistant
Patrol Specials prior to receiving such training at a rate commensurate with the rates
charged to other private persons. Minimum annual training shall include:
(A) Successful completion of the firearms qualifications course twice each year
on dates set by the Range Master at the San Francisco Police Range.
SPECIFICATION NO. 3
PSO Andrews failed to respond to several certified letters sent by the Department and
he has failed to communicate with the Department (a violation of Rules 4.03 and 4.04 of
the Interim Rules and Procedures for Patrol Special Officers and their Assistants).
(31)
(32)
Officer Brown made several attempts to contact PSO Andrews. She sent him a
certified letter requesting his annual information. PSO Andrews refused to provide any
information or acknowledge receipt of the letter. She sent PSO Andrews an interview
notice on April 9, 2014 but never received a response from PSO Andrews.
(33)
PSO Andrews, by failing to follow the directives of a police officer and appear for
a scheduled interview or reschedule an interview, violated Rule r4.03 of the Interim
Rules and Procedures for Patrol Special Officer sand Their Assistants. Any reasonable
Assistant Patrol Special Officer must know that such conduct is cause for discipline
and/or revocation of his appointment. Rule 4.03 and 4.04 of the Interim Rules and
Procedures for Patrol Special Officers and Their Assistants, state:
4.03 ORDERS OF POLICE OFFICERS. Patrol Specials and Assistant Patrol Specials
shall strictly obey and promptly execute the lawful orders of police officers.
4.04 Investigations. Patrol Specials and Assistant Patrol Speciols shall, when
called upon by a police officer or by one specially assigned by lawful authority to conduct
an investigation involving a police matter, truthfully answer all questions propounded.
All reports, statements and declarations made orally or in writing in the foregoing
matters shall contain the truth without evasion.
PENALTIES:
(34)
If the Specifications against P50 Reyes and PSO Andrews are sustained after trial
by the Police Commission, the Department may recommend that the Commission
revoke the appointments of PSO Reyes and PSO Andrews.
WHEREAS, a hearing on said charges against Patrol Special Officer Andrews was
held before the Police Commission pursuant to section 8.343 of the Charter of the City
and County of San Francisco on March 9, 2016, the matter was submitted to the Police
Commission for decision; and
WHEREAS, the Commission, after hearing the testimony of Officer Carla Brown,
Patrol Special Officer Liaison, decided to revoke the appointment of Patrol Special
Officer John Andrews to the Patrol Special Program; therefore be it
RESOLVED, that consistent with the Commission's duty to protect the health,
safety, and general welfare of the citizens of the City and County of San Francisco and
the public in general, and in order to promote efficiency and discipline in the Patrol
Special Officer Program, the Police Commission orders that the appointment of Patrol
Special Officer John Andrews as Patrol Special Officer be revoked effective immediately.
AYES:
ABSENT:
Commissioners Loftus, Marshall, DeJesus, Mazzucco, Hwang, Melara
Commissioner Turman
(These proceedings were taken in shorthand form by Ms. Anna Greenley, CSR, Roomian
& Associates)
ADJOURNMENT
Motion by Commissioner Melara, second by Commissioner Marshall. Approved
6-0.
Secretary
MARCH 16, 2016
REGULAR MEETING
The Police Commission of the City and County of San Francisco met in the
Richmond District, Jewish Community Center, 3200 California Street, Room 206, in San
Francisco, at 6:15 p.m.
PRESENT:
ABSENT:
Commissioners Loftus, Turman, Marshall, Mazzucco, Melara, Hwang
Commissioners Deiesus, Hwang
(Commissioner Turman arrived at 6:30 p.m. Commissioner Marshall arrived at 6:35
p.m.)
Commissioner Loftus welcomed the audience and asked the Commissioners to
introduce themselves.
APPROVAL OF THE MINUTES
For the meetings of January 6th, 13th, 20th, and February 3, 2016
-
Approved 5-0.
CONSENT CALENDAR
Request of the Chief of Police for approval to accept 26 bicycles from Splunk
Inc. for Park Station's Essay Contest, Celebration Event, valued at
approximately $7496.94
Request of the Chief of Police for approval to accept 26 bicycle helmets from
Splunk Inc. for Park Station's Essay Contest, Celebration Event, valued at
$1115.78
Request of Sergeant Marquita Booth for approval to accept a $250.00
Cavallopoint Lodge gift card from Mrs. Jacquelyn Krieger
-
-
-
Approved 5-0.
BICYCLES FROM SPLIJNK INC. FOR PARK STATION'S ESSAY CONTEST, CELEBRATION
EVENT, VALUED AT APPROXIMATELY $7496.94
Chief of Police to accept donation of 26 bicycles from Splunk Inc., for Park Station's
Essay Contest, Celebration Event, valued at approximately $7,496.94.
AYES:
ABSENT:
Commissioners Loftus, Turman, Marshall, Mazzucco, Melara
Commissioners Deiesus, Hwang
BICYCLE HELMETS FROM SPLUNK INC. FOR PARK STATION'S ESSAY CONTEST,
CELEBRATION EVENT, VALUED AT APPROXIMATELY $1,115.78
Chief of Police to accept donation of 26 bicycle helmets from Splunk Inc., for Park
Station's Essay Contest, Celebration Event, valued at approximately $1,115.78.
AYES:
ABSENT:
Commissioners DeJesus, Hwang
APPROVAL OF THE REQUEST OF SERGEANT MARQUITA BOOTH TO ACCEPT A $250.00
CAVALLOPOINT LODGE GIFT CARD FROM MRS. JACQUELYN ICRIEGER
RESOLVED, that the Police Commission hereby approves the request of Sergeant
Marquita Booth to accept a $250.00 Cavallopoint Lodge gift card from Mrs. Jacquelyn
Krieger.
AYES:
ABSENT:
Commissioners DeJesus, Hwang
a.
Chief's Report
activities and make announcements.)
Chief Suhr spoke of the release of the crime stats and stated that the crime in
San Francisco last year was high but violent crime is flat. The Chief also stated that
there is an increase in property crime with 30% at auto burglary. The Chief then spoke
of the graduation of the Academy class and spoke of the St. Patrick's Day Parade.
b.
(This item is to allow the Director to report on recent 0CC activities and make
announcements.)
Director Hicks spoke of the duties and functions of the Office of Citizen
Complaints.
Commission Reports
C.
-
-
Commissioner Loftus spoke of recent Academy graduation and the St. Patrick's
Day Parade. She also spoke of meeting with the Ingleside CPAB.
Commissioner Marshall spoke of speaking at the National Organization of Black
Law Enforcement on community policing.
Commissioner Mazzucco asked about the Social Media Policy.
Sergeant Kilshaw announced that the Commission will not meet on March
and
23rd
3Qth
CAPTAIN SIMON SILVERMAN AND CAPTAIN PAUL YEP TO ADDRESS THE COMMISSION
ON POLICE ACTIVITIES IN THE RICHMOND DISTRICT
Captain Silverman thanked the JCC for hosting and thanked everyone for
coming. He also introduced new Captain Paul Yep. Captain Silverman then presented
the Captain's report and described the Richmond District's demographics. The Captain
also gave a brief update on crime statistics.
PUBLIC COMMENT
Ms. Paulette Brown spoke of her son's, Aubrey Abrakasa, who was a homicide
victim and his case is still not solved. She went on to show the names of perpetrators.
She asked for help to find the murderers of her son.
Mike Mitchell, retired State Parole Agent, spoke of police hatred and spoke of
how diverse the Department is and spoke of hysteria coming from the national level. He
went on to talk about the Captain's newsletter and spoke of a night time burglary case
where the people were home and never reported in the media.
Gary, CPAB, commended Captain Silverman's newsletter. He discussed
concerns regarding dysfunction between officers who made the arrest and the DA's
office who does not prosecute. He suggested a liaison with the DA's office.
Roselyn Paine stated that at 11 o'clock last night someone rang her doorbell and
stated that she spoke with Officer Louie and he suggested that next time call dispatch
and an officer will patrol the area. She suggested including the phone number for
dispatch in the newsletter.
David Heller, President Geary Blvd Association, spoke of one issue with car
break-ins. He spoke of putting signs on car not to leave valuables in cars. He went on to
thank the Chief for good captains assigned to Richmond.
Henry, President Counsel District Merchants, spoke of car break-ins and asked
for more signs. He went on to commend Chief Suhr and thanked the Commission for
meeting in the Richmond.
Casey Tarioka, CPAB member, commended the Captains of Richmond and spoke
of constant crime issues and spoke of business watch and talked about communication
between the residents and business owners to help the police.
Patrice Motley commended the Captains of Richmond and spoke of transfers
and promotions of captain. She stated that it takes a while to get things going and
asked that captains stay longer.
Lyn Bloom, retired police service aide, spoke of auto burglaries and spoke of
Prop 47. She stated that it takes about eight seconds to go in and out of a car.
Margie Brown, CPAB member, wanted to say goodbye to Captain Silverman and
spoke of community groups bringing communities together.
Johnathan Lyons thanked the Commission for coming out tonight. He is also a
member of CPAB and spoke of transfer of Captain. He went on to wish Captain
Silverman the best and welcomed Captain Yep.
Captain Silverman spoke of strategies to help combat car break-ins and
suggested not leaving valuables in cars. He also stated that high visibility patrol seem to
work. He stated that it's been frustrating when arrests are made and not getting
charged of penalized longer.
Chief Suhr spoke of Auto Burglary Task Force to get serial auto burglars. He
also stated that SF Jail has a record low in population.
Commissioner Mazzucco asked the Captains to put on their newsletters arrests
made and dispositions for the public to be informed and urged the communities to call
City Hall.
ADJOURNMENT
Motion by Commissioner Marshall, second by Commissioner Turman. Approved
5-2.
Secretary

FEBRUARY 102016 REGULAR MEETING The Police Commission

Transcription

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