The Police Commission of the City and County of San Francisco met in Room 408, City Hall, #1 Dr. Carlton B. Goodlett Place, San Francisco, at 5:35 p.m.               

PRESENT:             Commissioners Loftus, Turman, Marshall, DeJesus, Mazzucco, Hwang, Melara

(Commissioner Hwang arrived at 5:45 pm.)               

                Sgt. Kilshaw read the Commission’s Rules of Order.

PRESENTATION OF SUPERVISOR AVALOS SAN FRANCISCO POLICE REFORM – BUDGET RESERVE PROPOSAL, DRAFT DATED 6/15/16

                Taken out of order.

                Supervisor Avalos presented his San Francisco Police Reform – Budget Reserve Proposal draft dated 7/6/16.  Supervisor Avalos proposes placing up to $100 million of the SFPD budget on Board of Supervisors’ Reserve pending actions being taken by the Department on the following reform initiatives:  Use of Force reform; Crisis Intervention Team; Early Intervention System reform; Strengthen discipline for incidents of racial profiling; and, Establish more objective processes for background investigations, hiring, and promotion.

                After discussion, Commissioner Loftus asked for a volunteer from the Commission to work with the Department and the Board of Supervisors.

                Commissioner Melara stated she is willing to work with the Department regarding this measure.

                Commissioner DeJesus stated that she too is willing to work with the Department regarding this measure.

                Commissioner Mazzucco expressed concern about how the city is understaff and the crime rate is out control and also the lack of confidence in the justice system and pulling officer off the street because of the budget impact and stated that 95 percent of the budget is officers and stated that it’s unfair to the communities impacted by crime and stated that it is irresponsible.

                Commissioner DeJesus recommended taking one step at a time and to talk to the Department and the Supervisors about what metrics are achievable and can be done.  She stated that we need to be positive on this and we need to see what metrics can be met, how to meet it, and what happens if we don’t meet it.  She stated that we just need to move forward in a positive way.

                Chief Chaplin arrived and explained why he was late.  He stated that the incident involved a gentleman who had a gun to his own head and the Chief stated that the street had to be shut down in order to resolve the situation.  The Chief stated that this can be done with enough staffing out on the streets.  He stated that the Department is pushing for changes and one of the things that is not needed is to be hamstring by an extra level of bureaucracy by asking for money directly related to those reforms.

                Chief Chaplin, along with Commissioner Melara, will meet with Supervisor Avalos about this matter.

PUBLIC COMMENT

                Mr. Rodgers stated that one of the things that bothers him is he sees too many officers in this district and stated that funds should be held back.

                Tom Gilberti stated that if funds are withheld it should be done from the top down situation and withhold funds from administrators that are not on the street.

                David Carl Selaveri discussed concerns about the POA and stated that $100 million will not make a significant difference and needs substantial reserve to create incentive for police reform.

                Unidentified commended Captain Hart.  He spoke of metrics is about measuring behavior and results.  He stated to look at metrics as data that informs progress that are being made.

                Jeremy Miller, Idriss Stelley Foundation, endorses Supervisor Avalos’ proposal and that it should go back to $200 million.

                Unidentified asked that acronyms be explained.  She asked where the interest for money withheld is going and recommended that it goes to the Idriss Stelly Foundation.                               

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.) 

-              Summary of Pride Week activities

-              Overview of Crime Trends

-              Update regarding Redistricting

-              Presentation regarding Recruitment

                Chief Chaplin gave the summary of Pride Week stated that attendance on Saturday was 100,000 as estimated by Pride, and on Sunday, was one million.  The Chief then went over the arrests number made for the weekend.  He went on to give a brief update on crime stats.

                Lieutenant Dangerfield presented the update on recruitment.  He stated that the goal for recruitment are women of all races, African-American males, and Hispanic males.  He spoke of attending 142 events.  He stated that since October, they have recruited 6,000 people and that 6216 people have moved into taking the test and that the total number is 16,000 since the national testing started.  Lt. Dangerfield explained that Recruitment does a lot of coaching and training up until the actual test but the coaching stops once the applicants has entered the process.  He spoke of different advertising types used for recruitment including radio ads, posters on buses, and going into colleges.

Commission President’s Report

-              Introduction of the Community Safety Initiative “CSI” Group

                Taken out of order

                Commissioner Loftus gave a brief history about the Community Safety Initiative “CSI” Program.

                Jordan Wilson introduced himself and stated that he worked last summer as a cohort leader for the CSI Program and stated that this year he was asked to do the same.  He introduced Ashland Harris who is also a cohort leader and stated that there are about 20 interns present at tonight’s meeting.  He spoke of working on video documentary to help bridge the gap between the community and the police.  He stated that last summer when the program started, only one intern stated that they were interested in law enforcement but by the end of the summer, 13 out of 15 interns were interested in a career in law enforcement.  As for this summer, his cohort is focusing more on programs provided by SFPD to its citizens, in particular, the youth, i.e. PAL, Operation Genesis and the Wilderness Program.  He stated that they are doing a video documentary in hopes of finding a way for officers and the youth to get a feel for each other and hopefully understand, on a more personal level, both sides of where they come from.

                Ashland Harris spoke of tension between the community and law enforcement and plans on focusing on youth’s bias towards law enforcement and in doing that will hopefully try to address those issues and figure out ways to bias towards the police.

                Jordan explained that the initiative was to get people of color within the lower income areas of San Francisco, with main focus on Double Rock, Sunnydale, Potrero Hill, and Hunter’s View but branched out to Ella Hill Hutch and the Fillmore.  He stated that that is where the biggest gaps between police and community.  He said the goal is not to have them join the force but to educate and have them open for a career in law enforcement and hopefully go back to their communities to patrol the areas that they know and understand.

                Commissioner Loftus explained that the young people will come back and present to the Commission their presentations.

Chief’s Report (continued)

-              Update regarding Redistricting

                Chief Chaplin reported that the change in boundaries did not cause any issues.  He stated that the cooperation and preplanning by DEM and the Department averted any technical issues and both departments did plan for worse case scenarios but did not have to resort to any of those plans.  The transition went smoothly and finished earlier than expected.               

b.            OCC Director’s Report

(This item is to allow the Director to report on recent OCC activities and make announcements.)

-              Presentation of the OCC’s Statistical and Companion Reports for the months of April and May 2016               

Director Hicks reported on the release of the Grand Jury report on the timeliness and transparency in regards to officer-involved shooting investigations.  She reported that the Board of Supervisors Government Audit and Oversight Committee will hold a hearing on September 15^th, in City Hall, to go over the findings of the Grand Jury.  Director Hicks went on to report attending the meeting of the Rules Committee on proposed Charter amendments, two of which would impact the OCC and the Police Commission.  The amendments are sponsored by Supervisor Cohen and Supervisor Campos.  She reported that the one sponsored by Supervisor Cohen passed out of the Rules Committee which will change the name of the OCC to DPA, Department of Police Accountability, provide audit jurisdiction over the police department, and remove the DPA’s budget from the Police Department’s budget.  She explained that Supervisor Campos’ measure is the Public Advocate measure was amended and will be taken up again at a future Rules Committee meeting.

Director Hicks then presented the OCC’s statistical reports for April and May 2016.

c.             Commission Reports

-              Commission President’s Report

                -              Update on the Police Chief Recruitment

                -              Update on Use of Force Meet and Confer Team

-              Commissioners’ Reports

                Commissioner Loftus gave the update in regards to the Police Chief recruitment.  Commissioner Loftus gave a brief history of the recruitment process and stated that the firm will present next week.  Commissioner Loftus announced that there will be five community events to gather input from the community.

                Commissioner Loftus also spoke of Samara Marion will be a subject matter expert to advise DHR on negotiations in regards to the Use of Force DGO.

                Commissioner Loftus thanked the Grand Jury for their report.

                Commissioner Melara reported that she was in New York and met with the Inspector General and some of the police department’s Legal Bureau and stated their structure may teach us something as well as the operational side in the rolling out of body cameras and would like to share what she’s learned to the Chief and the Commission.

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

                Commissioner Loftus would like an update on the rolling out of body cameras from target stations, Ingleside and Bayview, in August; an update on the Grand Jury Report.

PUBLIC COMMENT

                Ms. Paulette Brown spoke in regards to her son, Aubrey Abrakasa, who was a homicide victim and that she is still waiting for some answers on her son’s case and still want justice for her son.  She stated that it’s been ten years since the murder of her son.

                Tom Gilberti stated that it would be great to recruit in the different San Francisco districts and would be nice to have more police officers living in the city.  He went on to say that crisis intervention teams should not be part of the police department.  He also recommended that recruit at the Academy should have contact with 10-year veterans of the department.  He also stated that if the Chief feels that he can lead the department, he hopes that he acknowledges that.

                David spoke in regards to recruitment in regards to veterans and recommended hiring from local communities.

                Tim Dobbins thanked the police for their presence at the Pride Parade but also discussed concerns regarding the Amilcar Perez Lopez incident.

                Claudia Stevens spoke that her daughter was murdered by James Mitchell and no one in San Francisco contacted her.

                Meesha Irizarry Monge spoke of Justice for Abrakasa page on Facebook.

                Jeremy Miller spoke of the recruitment presentation and stated that it was optimistic and troubling that there are still significant lack of representation of certain communities in the department.  He also discussed concerns of military recruitment.

                Unidentified spoke of officers presence in the meetings and being afraid to say something.  She went on to talk about the community becoming police officers.  She went on to discuss concerns regarding hiring of search firm.

                Unidentified spoke on regards to recruitment and spoke of San Francisco as being a highly segregated city and recommended ethnic studies for recruits to understand and learn where they are.

                Ms. Bryant supports Supervisor Avalos’ proposal and commended the Department for resolving incident today without lethal force.  She went on to talk about hiring officers from San Francisco.

                Father Richard Smith, St. John’s Episcopal Church in the Mission, spoke in regards to Amilcar Perez Lopez and concerns regarding the Department tampering with the crime scene.  He asked that officers be disciplines and fired.

                Mark, neighbor of Amilcar Perez Lopez, read a letter for immediate action by the Commission to have officers involved charged and disciplined.

                Unidentified continued reading letter in regards to Amilcar Perez Lopez.

                Majick spoke in regards to Avalos proposal and spoke in regards to OCC and the Chief and arbitration.  She went to speak about OCC having very little power.

                Unidentified spoke of people dying and stated that there is no statute of limitation when it comes to murder and it should be the same with officers’ misconduct.  He went on to talk about bicycle lanes.

                Mr. Espania spoke in regards to recruitment for officers and for the Chief and suggested hiring within the city.  He spoke of five killings in his district. 

                Mary Harris spoke of Supervisor Avalos’ proposal and would like to have had input into it from the OMI and spoke of how the Commission is moving along in the right direction and stated that $100 million is out of line and it’s premature to not have community discussion.  She also stated that she hopes Chief Chaplin applies for the job.  She went on to invite the Commission to National Night Out.

(The Commission took a brief recess at 9:20 p.m. and reconvened at 9:25 p.m.)

PUBLIC COMMENT

                Unidentified, San Franciscans for Police Accountability, spoke of the recently approved Use of Force policy and stated that the process was chaotic and that meeting and confer with the POA will make transformational reform unachievable. 

                Meesha Irizarry commended on the process and spoke of the POA’s unreasonable demands.

                Unidentified spoke on the process and spoke of concerns regarding the POA.

                Dolores Piper spoke that they do not have a better use of force policy as it does not create foundation for transformational reform.

                Unidentified spoke in regards to the role of the POA and stated that the Commission made serious error in allowing the POA to be party to the drafting of the use of force policy.

                Unidentified spoke of the Commission allowing the bullying of the POA to the drafting of use of force policy.

                Unidentified hopes to work with the Commission for rapid transformational reform.

                Jeremy Miller discussed concerns about the approved use of force policy.

                Majick stated that she does not feel that its right that they cannot contact the Commission directly and stated that what happened at last meeting was illegal and that we have to start fresh.

                David stated that the community is not on board with the new use of force policy.

                Tom Gilberti spoke on an article on guns and stated that he would like a new program for veteran police officers to train recruits to see how it is not to wear a gun.

                Unidentified spoke of domestic violence.               

PUBLIC COMMENT ON ALL MATTERS PERTAINING TO CLOSED SESSION

                David spoke of case in closed session is about Officer Josh Cabrillo and discussed concerns to his hiring.

                Tom Gilberti spoke of transparency.

                Jeremy Miller stated that he know Travis Hall and how he was beaten by officers and discussed concerns regarding closed session.               

VOTE ON WHETHER TO HOLD CLOSED SESSION

                Motion by Commissioner Melara, second by Commissioner Marshall.  Approved 7-0.                               

CLOSED SESSION (9:35 p.m. – 10:15 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 – Pending Litigation

Travis Ian Hall v. CCSF, et al., USDC Northern District 15-cv-04092 CRB, filed 09/09/15

(PRESENT:  Commissioners Loftus, Turman, Marshall, DeJesus, Mazzucco, Melara, Hwang, Chief Chaplin, Deputy Chief Sainez, Deputy City Attorney Cabrera, Sgt. Kilshaw)

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

PUBLIC EMPLOYEE PERFORMANCE EVALUATION:  Chief of Police

Review of findings and Chief’s decision to return or not return officers to duty following an officer-involved shooting (OIS 16-002)

(PRESENT:  Commissioners Loftus, Turman, Marshall, DeJesus, Mazzucco, Melara, Hwang, Chief Chaplin, Deputy Chief Sainez, Deputy City Attorney Cabrera, Sgt. Kilshaw, Sgt. Crudo)

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

PUBLIC EMPLOYEE PERFORMANCE EVALUATION:  Chief of Police

Review of findings and Chief’s decision to return or not return officers to duty following an in-custody death (ICD 16-002)

(PRESENT:  Commissioners Loftus, Turman, Marshall, DeJesus, Mazzucco, Melara, Hwang, Chief Chaplin, Deputy Chief Sainez, Deputy City Attorney Cabrera, Sgt. Kilshaw, Sgt. Crudo)

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

PERSONNEL EXCEPTION:  Approval to take Disciplinary Case No. ALW IAD 2016-0032 off calendar due to member’s retirement

(PRESENT:  Commissioners Loftus, Turman, Marshall, DeJesus, Mazzucco, Melara, Hwang, Chief Chaplin, Deputy Chief Sainez, Deputy City Attorney Cabrera, Sgt. Kilshaw)

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:  Reassignment of Disciplinary Case No. ALW IAD 2015-0208 from Commissioner Turman to another Commissioner for the taking of evidence on a date to be determined by the Commissioner

(PRESENT:  Commissioners Loftus, Turman, Marshall, DeJesus, Mazzucco, Melara, Hwang, Chief Chaplin, Deputy Chief Sainez, Deputy City Attorney Cabrera, Sgt. Kilshaw)

Taken off calendar

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, DeJesus, Mazzucco, Melara, Hwang, Chief Chaplin, Deputy Chief Sainez, Deputy City Attorney Cabrera, Sgt. Kilshaw)

OPEN SESSION (10:15 p.m.)

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

                Motion by Commissioner Melara, second by Commissioner Marshall for non-disclosure.  Approved 7 -0.

ADJOURNMENT

                Motion by Commissioner Marshall, second by Commissioner DeJesus.  Approved 7-0.

                Thereafter, the meeting was adjourned at 10:15 p.m.

                __________________________________________

                Sergeant Rachael Kilshaw

                Secretary

                San Francisco Police Commission