DECEMBER 9, 2015 REGULAR MEETING

The Police Commission of the City and County of San Francisco met in Room 400, City Hall, #1 Dr. Carlton B. Goodlett Place, San Francisco, at 5:30 p.m.
PRESENT: Commissioners Loftus, Turman, Mazzucco, DeJesus, Marshall, Melara
ABSENT: Commissioner Hwang

CONSENT CALENDAR
- SFPD/OCC Document Protocol Quarterly Report 3rd Quarter 2015
- SFPD/OCC Status Report on General Orders/Policy Proposals 3rd Quarter 2015
- Request of the Chief of Police to accept donation of $300.00 to go towards the Central Station Youth Engagement Program

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

PUBLIC COMMENT

Frank Martin Del Campo asked as to when to discussed police killings and spoke of airing of grievances and asked as to what has been happening on the issue of police killings, failure of leadership, and that any discussion tonight is not getting to the problem. He also stated that culture of the police has to be addressed.
Ace Washington stated that the Blacks in San Francisco are in the state of emergency and spoke of out migration by the African Americans in San Francisco. He asked for discussion regarding community policing.
Clyde spoke of tasers for the officers and how the Commission had declined tasers for the officers.
Unidentified asked what the Commission will do and is anything going to be done and the issue of a black man shot multiple times and what is going to be done.
Bishop King spoke to represent the sentiments of the community and that what was witnessed is an assassination and that officers responsible should be put to jail and spoke of how 10 to 12 officers can’t get somebody to put a knife down. He stated that if the Chief continues to stand behind the officers then he is a co-conspirator to the crime.
He stated that he wants the Commission to step down and that the officers be suspended of pay and wants the officers arrested and booked for murder. They would also like to see the videos in the matter of Kenneth Harding so that the community can see what really happened on 3rd Street and to reengage the Community Relations Board as a bridge from the community to the department.
Reverend Brown, President NAACP, spoke and asked the Commission and the City to do the right thing. He asked that the 3-point program be followed and just do it. He asked that the department not get shields; cultural relevance training for all officers and cadets in the department is needed not just for respect at the academy but in the community. The stations need a directive from the Chief that the African American Board has teeth and sits with the Chief and communicates with the Commission and move in a positive and preventive measure; finally, he asked that the Commission just do it and that everybody should be given a fair chance.
Ms. Paulette Brown spoke in regards to her son Aubrey Abrakasa, Jr. who was a victim of homicide and that it’s been nine years and the case is still not closed. She went on to show photos of young men murdered in San Francisco and asked for justice for her son. She asked that the Chief stay and not be fired and to keep fighting for them.
Grand daughter of first African American Police Officer stated that under Chief Suhr that the Department has changed and that people of color are treated like suspects and not people. She asked to be treated with dignity and respect and that this police department sends racist texts, steal from people, and that the Chief should be fired.
Darryl Rodgers, native San Franciscans, stated that he does not understand why start a meeting with a pledge of allegiance and that justice for all means justice for all people. He stated that the victim could be his son and he said that all it takes is to create no more harm.
Johnny Fitch spoke in regards to actions by police and stated that the Mayor look closely at the spaghetti that’s has been thrown on the walls in the last 3 years by SFPD and the Fire Department. (Document submitted)
Michael Petrellis stated that the Mayor needs to get out of Room 200 and come to the community for town hall meetings. He went on to talk about the OCC report and how no names are provided. He went on to show the Chief’s calendar and spoke of concerns that the Chief’s calendar is not posted on the website.


Maggie Scott spoke on behalf of the Mario Woods and the mother of Mr. Woods. She stated that her goal is to help Gwendolyn Woods to lay her son to rest and asked that the Commission needs to pay for the services and then talked about community relations and asked that we all work together to fix what is wrong.
Arlene Eisen, SF resident, author of Operation Ghetto Storm and stated that the report speaks of killing of black men and stated that Chief Suhr is not the first Chief to protect the Police Union.
Unidentified showed a picture before the shooting which shows nine officers, he was hit with bean bags, pepper sprayed, and how they couldn’t figure out how to handcuff him without killing him. He discussed concerns of the Chief showing footage of Mario lunging at the cops. He stated non-lethal weapons should have been available to the cops.
The league of voters stands with the community. She spoke of systemic racism. She spoke of killing mentally ill instead of de-escalating and must hold Chief Suhr and Mayor Lee accountable and that the community demands that Chief Suhr go.
Mr. Lacey, attorney of family of Mario Woods, spoke in regards to the purpose of the Commission and that the use of force policy of the Department be reviewed and spoke of discipline for those who abused their powers and spoke of 21 bullet holes in the body Mario Woods. He stated that officers involved need to be held to the full account of the law.
Eli Crawford, Western Addition, spoke of a murder of a wheel-chaired bound woman who was stabbed to death and stated that he had to hear it from the street. He said police killings is not solving anything in dealing with African Americans.
Evelyn, Gwendolyn Woods grandmother, stated that she does not understand how a knife can cause the shooting of Mario Woods. Officers should be civil service and should protect the community and that the five officers be charged for the senseless killing.
Deandre spoke of murder by police and that the Chief should be fired and that the cops should be fired.
Meesha Irizarry stated that is time for transparency and asked for the resignation of Chief Suhr and asked for the Mayor to be recalled.
Amir Ama, All for Us or None, spoke of how the US is epitome of locking people up. He went on to change the police and that the city is ready to blow up and spoke of the Chief being a killer and asked the money for Prop 47 be used for more programs to help the community.
Carletta Jackson spoke of how the community is broken and spoke of the community to come together with the Commission and the Department and do sensitivity training and to allow community leaders to establish trust and need to do a recruitment to mend the broken relationship. She asked that the officers value the citizens and value their sons.
Frank Williams spoke of officers’ status quo and stated that the problem is not the Chief but the problem is with the Mayor and who is appointed and spoke of how people cannot afford rent in the city. He asked that names be released and that officers get charged for murder.
Deacon Wade spoke to present solutions and to eliminate the senseless killings of young men: implementation of a black police chief; hiring and balancing a number of black police to equal # of white police; there should be one black and one white officers; only time officers should use lethal force only when confronted with a firearm; any handheld weapon such as a sword, machectti, knives, bats, or hand held objects is should be mandatory that police shoot below the waist. (Document submitted)
Alfred Robinson, retired SFPD, spoke of concerns by nine officers shooting a man with a knife. He spoke of how he was pepper sprayed and the use of bean bag and stated that he does not understand how six officers could not apprehend a man on his knees.
Deandra Robinson, teacher, stated that her issue is that she teach in the community that she serves and that her students are scared and stated that they don’t have hope and how is the additional discharge of weapons justified and how is shooting him over 20 times justified.
Pastor McBride stated that the Commission must understand that policies and practices cannot answer the concerns of the community and stated that Chief Suhr has lost the trust of the community. He stated that the trust needed with the city is with the black residents. He asked the Chief to go and stated that people cannot be peaceful with the police being peaceful. He asked for justice for Mario Woods and justice for the community.
Unidentified spoke for Mario Woods. He stated that his father was killed in 1972 by police office. He said he was shot by the SFPD 46 times a few years ago. He said that he is here today because this could happen to him. He stated that these officers need to be prosecuted. Case #950166403.
Gary Biden, radio journalist and educator, asked how can you look at a mother to her face and her son shot by officers and call that protocol. He stated that something needs to be looked at and asked the Chief to resign and asked the officers to be charged with murder.
Uncle of Oscar Grant stated that he is sickened by what he has seen. He went on to mention names of different chiefs who have resigned. He stated that the Chief will be responsible for civil unrest that will happen in the city. He asked the Chief to resign and asked the Commission not to give the Department tasers.
Unidentified stated that there is nothing new and that he is tired of it. He said that what’s changed is technology and that what you do is seen.
Cousin of Mario Woods asked the Chief to resign and spoke of how he lied to his aunt. He asked for the release of names; he asked the Chief to apologize to his aunt; He asked that the Department pays for his funeral; he asked for federal investigation; and asked that all officers be charged with murder.
Charles Grey stated that they don’t understand a lot of things that’s going on. He stated that the middle class needs a voice too. He stated that you need to hear from the people and that there should be dialogue on what’s going on in the community.
Danny Garcia, brother of Mark Garcia, asked to stop disrespecting the community and stated that the officers did not follow the protocols and stated that those officers go away with murder.
Frank, teacher in the Mission, spoke of Andy Lopez incident and stated that the process is corrupt and how the people at home should make a decision and how cops make over $100,000.
Genie Demayo, mother of African American son, stated that she feared for her son every day and stated that her son does not respect the police department and stated that she does not respect the police. She went on to talk about communicating effectively and that she came her because when she saw the video it make her puke and that she fears for her son and fears for black men who lives in San Francisco. She went on to say that it was an execution.
Unidentified, Hunter’s Point resident, asked for justice for Mario Woods and charged the city with genocide and spoke of how people are kept outside of the room. She stated that being silent is being complacent and that Mario Woods is a human being and that people outside are human beings and that racism is a disease and that it is unjust.
Reba Halloway spoke of how she is angry and asked the Chief why officers are trained to fear blackness and spoke of no transparency. She spoke of how the city should pay to bury Mario Woods.
Unidentified she spoke of history of police and that the community does not need police.
Tatiana Willis asked the Chief to be fired; pay for the funeral; and stated how the Commission is at the mercy of the system and that the Commission does not have power.
Carlos recited names of men killed by police asked about policy and practice and stated that the Commission has a moral duty to resign themselves in protest. He spoke of how the Department asks for tasers. He stated that we need less violence, new leadership is needed.
Kat Brooks, Black Power Network, spoke of how the Chief talks to the community like children and causing the rage of the people and stated that they will not stop until the killing stops.
Unidentified stated that the Commission is doing wrong by the treatment of people with no income. There should be equal race for everybody and that the Chief should be fired.
Andrea Williams, educator Balboa High School, stated that they are here for Mario. She spoke of inviting the Chief to Balboa and how the system will be different. She went on to say that the Chief offered jobs to kids.
Christie Castillo, teacher at Balboa High School, spoke of how she is running out of ways on how to speak to children and stated that it is our job to lend your voice to stand with black people.
Close friend of Mario stated he has questions: Do you believe Mario Woods deserves to die; what should the police have done differently to prevent the killing of Mario Woods. He asked the Chief be fired and stated that if the community does not see anything happen from this then the blood of Mario is on your hands.
Jeremy stated that San Francisco is guilty of genocide and spoke of how the commission should remove the Chief from power and call of recall of Malia Cohen and stated that there will be no peace anymore.
Unidentified spoke of concerns for Joe Marshall.
Sala Chandler, mother of homicide victim, spoke of no arrest after four boys were killed. She spoke of concerns of the Chief calling the murder of Mario Woods as justifiable.

(The Commission took a brief recess at 7:50 p.m. and returned at 8:00 p.m.)

Sasha asked to let the people in and spoke of how nothing has changed since the Alex Nieto incident. She stated that the system is systemic racism and again asked that people be let in. She stated that there should be police training to deal with mental health.
Unidentified spoke of having the talk with their children to deal with law enforcement. She spoke of how the SFPD has traumatized her and that something needs to change and that racial profiling has to stop now and the lack of police accountability has to stop and to repeal the police officers bill of rights.
Oscar Salinas, Justice of Alex Nieto, stated that they are sick and tired of murder on San Francisco. He stated that he has seen the training of how officers should deal with someone with a knife and why was that not implemented. He spoke of an incident in London with a man with a machete and no guns were used. He asked for new leadership
Ms. Blumberg spoke of how her daughter is afraid of the police.
Ashton Blumberg, 8 years old, asked for police violence to end and should stop killing African Americans. She went on to read about Oscar Grant.
Unidentified spoke of his hate for gun violence. He stated that he saw John Lennon shot down. He went on to talk about the need for something other than guns. He stated that a shield is better than a gun.
Reginald, Tenderloin resident, spoke of how police deal with the young is deplorable. He spoke of how Mario Woods was shot 21 times. He spoke of how the Chief is corrupt and asked that this should stop.
Unidentified asked that officers’ names be released; apologize to the mother; pay for the funeral; fire the Chief; independent federal investigation; and, fire the officers who discharged their weapons.
Felicia Jones, SEIU chairperson, stated that it is really sad that this meeting is just routine. She asked for dialogue. She stated that the issue is bigger than Mario Woods and spoke of how the criminalization of black men has continued. She went on to discuss concerns of how Mario Woods was shot 26 times. She asked for dialogue with the community.
Robert Chu stated that he is ashamed that the city he was born in has turned to this. He asked why this meeting is held in a small venue. He discussed concerns with seeing the video.
James spoke of watching two disturbing videos. The first was the video of Mario Woods being shot and the second was even more disturbing where Chief Suhr has spoke of how the killing was justified. He asked the Commission to act and fix it.
Pastor McNeil spoke on behalf of justice for Mario Woods. He spoke of meeting with the Chief after Michael Brown was killed while unarmed. He stated that lethal force for minor incident and tasers is not the answer. He stated right is right and wrong is wrong and new leadership is needed.
Reverend Daniel Buford spoke of how the City is the birth place of the United Nations. He went on to say that the incident was an execution. He went on to read about taser incidents.
Elizabeth DeYoung, born and raised in Philadelphia, spoke of learning at a very young age not to trust the police. She stated that she has no trust or confidence to any police in America. She went on to discuss concerns about how much officers are paid and asked for the resignation of Chief Suhr and Mayor Lee.
Unidentified recommended more training with dealing with mental health and stated that she is worried about the lady who took the video.
Brad Shapen spoke of being around mental health professionals and spoke of misunderstanding about racism and asked what racism mean to them and asked why the Department is not working in an evidence phase manner and stated that there are black and brown researchers that the Department can talk to.
Minia Clay, former VP Political Affairs, spoke of how people needs to be heard and asked for law enforcement reform and that accountability and transparency needs to be looked at. Pretending that the system is going to work is a real problem. She urged everyone to please pay attention.
Gloria, Mission resident, spoke of seeing police brutality. She asked for Chief Suhr to resign and asked for Mayor Lee to resign. She stated that no cops ever go to prison. She stated that they are not done here and said that she is fed up of seeing young men killed.
Unidentified spoke of being afraid of the police. She said she lives in a very affluent neighborhood with no black people, Burlingame, California. She spoke of being arrested and not getting shot because of the color of her skin.
Sheryl Davis spoke of how different it is from the last time she was here. She spoke of as we move to conversations about use of force. She stated that there needs to be parallel pass that needs to be happening. She asked that we don’t forget the voice of young people and hopes that as we move forward, don’t forget about the young people and we need to empower young people to be part of the conversation.
15-year old spoke of how we are born blind and spoke of when she walks in the store, she gets followed. She spoke of losing an uncle when she was 1 year old. She spoke of her skin color.
Unidentified, teacher SF Unified, spoke of how many men killed by police. She said that if she was holding that knife, she would be alive because of the color of her skin. She stated that this has been happening since the middle passage and that police are the terrorists right now and it has to stop.
Christophe, Anti Police Terror Project, spoke that what happened is an execution and why are officers trained to terrorize the community. He asked that Chief Suhr be fired.
Camela Garrett spoke of spending time at City Hall and how the police has hired people to kill and spoke of gentrification.
Unidentified spoke of being white and can do anything because he is white.
Unidentified spoke of watching for hours and how the Chief has not changed his facial expression and how the Commission looks like they’re bored. She spoke of the killing of Mario Woods and Alex Nieto.
Jermain King, Hunter’s Point resident, spoke of having an 18-year old son and being afraid to let his son walk the streets because he is afraid. He stated that we need to come up with a resolution. He said there are good people in the force and we need them to come out to the community.
Cripto asked for justice for Alex Nieto and Mario Woods. He asked that you need to step down and talk to the people. He said that it’s a hard world out there and we need help just like Mario Woods needed help.
Max spoke of experiencing police brutality and how the system does not work. He stated that there is bad and good people out there and the police must be held to a higher standard.
Paula Robles asked to stop killing our people. She spoke of being out of the community and the need for funding for mental health.
Reverend Thomson stated that he is so affected by this and that it is so unnecessary. He spoke of his son who is 26 and said that his son is a good man but he knows that the police has a jock mentality. He stated that being unresponsive to commands should not be killed. He went on to discuss concerns of being shot 26 times. He said that even if he breaks the law, he is still a human being.
Betty Machi, grew up in deep South, stated that it was never hard for her but it was hard for her father who is African American. She stated that she demands justice for this city because this is an embarrassment.
Paulina Maldinado spoke of seeing the video and spoke of attending the POST Academy training and stated that people at the academy would be people she would not like to be in the force. She stated that she cannot be complacent in that system.
Mohamed spoke of begging this Commission to do something and spoke of how people are angry. He asked the Chief to resign. He asked that the DOJ should come to the city to help the Commission. He went on to speak about the PERF report.
Unidentified stated that she does not want her face shown on the video. She went on to ask where the knife is.
Melissa Crosby, educator Black Lives Matter, stated enough is enough.
Unidentified spoke of the video. He asked about bean bags and asked for a draft of a legislation. He went on to talk about tasers.
Andrea Smith, Bayview, asked for community policing. She stated that in the past, if something happened in the community, the officers would engage with the community. She stated that the officers in the community does not even know them. She said that it is unfair what happened to Mario Woods and that they didn’t have to shoot him. She asked for community policing.

REPORTS AND ANNOUNCEMENTS
a. Chief’s Report
- Review of recent activities
- Status update regarding Social Media Policy
- Presentation re: Department General Order 5.01, Use of Force

Commissioner Loftus addressed the audience and asked that the item in regards to use of force be heard. She stated that the Commission has seen the video and has had conversation of what that video meant to the commission. She explained of three investigations done by the District Attorney, OCC, and the Department. She stated that she will not prejudge the investigation. She stated that she is starting this conversation tonight for one reason that viewing that video has rattled the trust of people for the Department. Commissioner Loftus stated that tonight we are having an initial discussion on the current policy for use of force. She said that she’s had discussion with PERF to identify best policy that can be used in San Francisco. Commissioner Loftus stated that tonight is about listening and the coming months will be about action.

Commissioner Marshall stated that video was really bad and it was really painful. He stated that what is so hard is that we worked so hard to close the gap. He stated he is sorry for everybody. He stated that it doesn’t make sense and it has to make sense. He said that what doesn’t make sense to him is you have a knife and why are we using gun policy with a knife. He also said that he does not understand support fire and that he doesn’t get that. He stated that those are two glaring issues that we need to look at. He said that we need to change how we operate. We can change policy, training, procedures, so that that what happened does not happen again. He said that we need to go to a de-escalation mindset. He stated that he does not like community violence and police violence. He said that we will start the process but it will take time and the Commission will give the community feedback.

Commissioner DeJesus spoke of seeing the video and we need to think about how to move forward. She went on to speak about tasers. She said that tasers kill people. She said that we need to listen to what the community is saying and we need to reflect on what the community is saying. She stated that this incident can be used as training and we need to analyze all the questions. She said before jumping into the need for tasers, there are other tools out there. She spoke of experience and training and spoke of how to de-escalate and to step back. She asked why officers have to discharge their weapons all at the same time. She stated she does not think tasers is the answer. We need to look at the use of force and look at the tactical decisions made. She went on to talk about the choke hold.

Commissioner Turman agrees with what Commissioner Marshall has said. He stated that he is disturbed by this shooting and stated that he has emotions and he cares about what the community is saying. He said that he is deeply concerned about the state of policing in San Francisco and that the use of force policy needs to be examined and that PERF as a third party is good but we need to look further. He stated that the presence of CIT at the scene did not lead to de-escalation. He stated that he does not understand this force fire situation. We should do better because we owe the community better.

Commissioner Mazzucco stated that he too has seen the video and went on to thank everyone who came tonight. He explained that as a Commission we cannot pass judgment but as a commissioner we can take a look at the use of force policy. He stated that what took place is a tragedy and we need to move forward to look at best practices to see if there is something we can do better.

Commissioner Melara asked the community that if it is true if they want to have a dialogue with the commission, the community needs to take that seriously. She explained that at this particular time nothing is on the table and so she would like to move forward and look at the possibility.

Chief Suhr stated that he too saw the video and he does find the video upsetting. He explained that there are investigations going on. He said that he had spoke to Mrs. Woods and had apologized to her about the death of her son and that he had apologized to her too about how she found out about her son. He stated that he has been in meetings with the Commission and the Mayor on how to get best practices. He said that he will work with this group on tactical communication skills, time and distance skills. The Chief spoke of shields and asked the Commission to continue discussion from April 2013 about a pilot for non lethal. He also spoke of dealing with mental health crisis for de-escalation. He has given instruction to range to create more pause to slow everything down. The Chief spoke of bulletins issued and stated a lot of things are happening. The Chief then went on to talk about DGO 5.01, Use of Force.

Commissioner Loftus also announced that there will be a CIT bulletin coming up.

Chief Suhr continued to say that he has had discussion with some people in the room to discuss cultural competency training and implicit bias training and are planned to go forward for all members in 2016. The Chief also spoke of travelling to Washington DC in January on a two-day working group with PERF and then going back again at the end of January to finalize it. He stated that this is a top priority for all law enforcement.

Commissioner Loftus read a section from the PERF report regarding review of use of force. Commissioner Loftus proposed to come back in January to discuss the next step which is community input.

Commissioner DeJesus suggested having the community input into the first draft before having a first draft is set.

Commissioner Marshall stated that we need to do it quickly and do it well.

Commissioner DeJesus asked the Chief about the 14 bulletins modifying seven general orders and asked that those be made available to the commissioners for review.

Commissioner Marshall stated that this is not an “us against them” and that all of us are feeling this. He stated that we move forward so that we can change this.

b. OCC Director’s Report
- Review of recent activities
- Presentation of the OCCs 3rd Quarter 2015 Statistical Report
- Presentation of the OCC’s Monthly Statistical and Companion Reports for September, October, November 2015

Director Hicks deferred her reports to a meeting in January.

Director Hicks stated that she is disturbed by the video as well. She stated that she cannot prejudge complaints filed by civilians as her agency is charged with investigating complaints and that her agency has received two complaints in regards to the shooting of Mario Woods.

She went on to talk about OCC are charged with making policy recommendations to the Department.

Director Hicks then went on to report on recent activities and talked about the OCC budget.

c. Commission Reports
- Commission President’s Report
- Commissioners’ Reports

No report.

d. Commission Announcements and scheduling of items identified for consideration at future Commission meetings

Commissioner Loftus set February 3rd as the target date to come back to the Commission with a draft DGO.

PUBLIC COMMENT

Unidentified spoke of policy and procedures.
Sala Chandler asked that negotiator be brought in.

PUBLIC COMMENT ON ALL MATTERS PERTAINING TO CLOSED SESSION

Unidentified asked what the closed session is about.

VOTE ON WHETHER TO HOLD CLOSED SESSION

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

CLOSED SESSION (10:30 p.m. – 10:35 p.m.)

Pursuant to Government Code Section 54956.9(d)(1) and San Francisco
Administrative Code Section 67.10(d)(1):
CONFERENCE WITH LEGAL COUNSEL – Existing Litigation
David Lloyd v. CCSF, et al., United States District Court No. C-14-3542, filed 6/10/2014;
(PRESENT: Commissioners Loftus, Turman, Marshall, Mazzucco, DeJesus, Melara, Chief Suhr, Deputy Chief Sainez, Deputy City Attorney Cabrera, Sergeant Kilshaw, 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: Discussion and possible action to accept or reject Settlement Agreement filed in Case No. IAD 2013-0216 & 2014-0097, or take other action

Put over to a later date.

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 Loftus, Turman, Marshall, Mazzucco, DeJesus, Melara, Chief Suhr, Deputy Chief Sainez, Sergeant Kilshaw, Risa Tom)

OPEN SESSION (10:40 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

Thereafter, the meeting was adjourned at 10:40 p.m.


__________________________________________
Sergeant Rachael Kilshaw
Secretary
San Francisco Police Commission