Police Commission - September 7, 2016 - Minutes
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
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.)
- Update regarding Civil Grand Jury Report – “San Francisco’s Crime Lab: Promoting Confidence and Building Credibility” Put over to later date
Chief Chaplin gave a brief report on crime and homicide rates. The Chief also reported on the body camera deployment and training. The Chief also spoke of an off duty officer who witnessed an armed robbery in progress and was awarded the second highest medal of valor from the Oakland Police Department. He went on to talk about an officer injured while responding to an incident; another officer on a bicycle was also injured when he was hit with a skate board. The Chief also reported on recent shooting incidents around the city.
b. OCC Director’s Report
(This item is to allow the Director to report on recent OCC activities and make announcements.)
Director Hicks reported on community outreach by OCC staff including staffing a table at the Back to School Backpacking Giveaway sponsored by MoMagic.
c. Commission Reports
- Commission President’s Report
- Update on the FUSE Corp Fellow
- Commissioners’ Reports
- Report on community meetings regarding qualities in the next Chief of Police
Commissioner Loftus reported on the FUSE Corp Fellow for the Commission office and interviews held with Commissioners DeJesus and Melara. She stated that start date for candidate will be some time in October.
Commissioner Melara participated in the Mission/Castro meeting and the Chinatown meeting. She also did the Pride Alliance yesterday.
Commissioner Mazzucco participated in the Gordon Lau Elementary and at St. Mary’s Cathedral meetings. He stated that what the commission is hearing from the community, they are also hearing from the officers. The Commissioner also went to Central and Northern Stations where he met with officers during the lineups.
Commissioner Marshall participated in three meetings at the Bayview, Chinatown, and the Taraval and thanked everyone that came out to the meetings and thanked the young people of the Community Safety Initiative for their help with the meetings.
Commissioner Hwang participated in two meetings at the Bayview and at St. Mary’s. He also attended two line ups at Park and Richmond Stations.
Commissioner Turman participated in the Bayview, Southern, and at Police Headquarters.
Commissioner Mazzucco explained about whether an outside candidate can bring their own command staff and stated that by Charter, they are not allowed to. He stated that last time there was an exception voted by the Commission and agreed upon by the collective bargaining unit to allow Chief Gascon to bring one individual from another department. He stated that that was a rare exception and that Chief Gascón had requested that for his Compstat Unit.
Commissioner DeJesus participated in the Mission and at Scottish Rite Masonic Center. She stated that the community asked about transparency of the process in releasing the last three candidates’ names to the public. She also met with officers at Mission Station, with the APOA, and the POA.
Commissioner Loftus spoke of the Chief search process that was done differently from the past two searches. Commissioner Loftus stated that it was good to ask questions and that she went out to lineups at Tenderloin and at the Airport. She also met with APOA, POA, and Pride Alliance.
d. Commission Announcements and scheduling of items identified for consideration at future Commission meetings
Next meeting will be September 14th at City Hall.
PUBLIC COMMENT
Patricia Boyd spoke in regards to incident at 1700 Block of Green Street and the release of a psychotic individual. She also stated that there are problems with community outreach.
David Villalobos, represents neighborhood groups and merchants association, and spoke of transparency in selection of new chief and use the city’s resources to get word out about community meetings.
Unidentified spoke of poor outreach for the community meetings and release of names of three final candidates.
Unidentified spoke of earthquakes.
Karen Fleshman spoke of participating in the police search process and asked about how input can be put in the criteria. She suggested that names of candidates be put online and let community give input.
Michael Petrelis stated that he does not trust the Chief as to what comes out of his mouth. He also stated that there is no transparency as to the current Chief’s college degree. He spoke of the names of candidates being released. He went on to discuss concerns about the Mayor not having a town hall meeting in regards to shootings and in regards to the police. He stated the Mayor needs to get out of Room 200.
John Crew commented on input by the police and spoke on the Chief’s search process and reforms.
Ray Hartz spoke of concerns regarding hiring of the Chief and spoke of the use of force policy and suggested a charter amendment to elect police commissioners.
Claudia spoke of transparency and spoke of her daughter’s murder and spoke of her request for a police report.
Majick spoke of community meetings and spoke of the night captains. She want someone at some point to critic what happened under Chief Suhr’s terms.
John Jones stated that he was present at the St. Mary’s meeting and stated that he has not seen any actions by the Commission that would lead him to call anyone dishonest.
Tom Silhorst spoke of integrity for the new chief and asked for transparency and accountability. He went on to asked about body cameras for the Mission and what is taking so long for Mission to get the cameras.
Manani Play, LGBT, Black Leadership, Black Lives Matter, Justice for Mario Woods, spoke that we’re in a new age and we’re not getting the job done. She stated that what she is experiencing is that we are not getting the message out there. She spoke of the ACLU letter to Mayor Lee dated 8/25/16.
Bob spoke insider control and spoke of the consulting firm with a former police chief as a consultant and spoke of how the fix is in.
Tom Gilberti spoke of transparency and being open and use of a net and lightening of belts with officers not carrying guns.
PRESENTATION OF THE SAFE STREETS FOR ALL QUARTERLY REPORT, 2ND QUARTER 2016; AND, DISCUSSION AND POSSIBLE ACTION TO ADOPT RESOLUTION SUPPORTING VISION ZERO AND AUTOMATED SPEED ENFORCEMENT
Commander O’Sullivan presented the 2nd Quarter 2016 Safe Streets for All Report. Commander O’Sullivan also spoke about the Safe Speeds Enforcement Operation where officers will track speed enforcement with the use of LIDARS.
Katie Angati, SFMTA Government Affairs, spoke of the Automated Speed Enforcement Resolution. She stated that ASE in not new and cities have seen a reduction in the number of speeding vehicles.
Resolution to put over for discussion and action on Sept 14th.
PUBLIC COMMENT
Patricia Boyd spoke and stated that the Commission is rushing with the approval of the resolution and spoke of concerns regarding gridlock caused by the MTA. She discussed concerns about Google buses, parking being taken away, and spoke of how the wording of the resolution is very loose.
Unidentified spoke of a green belt and separating cars and trucks.
Cathy, Walk SF, spoke of how Vision Zero is realistic and spoke of engineering to slow the speeds and education to slow the speeds. She spoke of her support for Automated Speed Enforcement and urged the Commission to support the resolution.
Majick spoke of concerns regarding speeding and spoke of how officers can have direct contact with the community by having slow down Saturdays.
Michael Petrellis addressed the issue of bicyclist riding on sidewalks.
Janice Lee, SF Bicycle Coalition, outer Sunset resident, spoke of how we need all the tools in the toolbox to keep SF streets safe and ASP is that tool.
John Jones spoke of being an avid bicyclist since1969 and spoke of bad behavior by bicyclists.
Tom Silhorst spoke of the ASE cameras be place in the whole of San Francisco.
Commissioner Loftus stated that this item will be on for next week for discussion and action.
(The Commission took a brief recess at 7:40 p.m. and reconvened at 7:55 p.m.)
UPDATE FROM THE DEPARTMENT OF HUMAN RESOURCES ON STATUS OF USE OF FORCE POLICY NEGOTIATIONS IN MEET-AND-CONFER PROCESS
Director Micki Callahan presented the update on the status of Use of Force Policy negotiations in meet-and-confer process. She stated that the meet-and-confer started on July 19th and they have had five meetings since. She thanked Samara Marion, Chief Chaplin, DC Sainez, DCA Cabrera, and Sgt. Kilshaw for their help.
Director Callahan explained the reason for closed session and she stated that “labor negotiations involved strategy and if then, scenarios and discussion of legal issues and potential outcomes and potential positions that the employer may take. Having a public discussion of our strategy with respect to the POA would mean that our strategy was entirely transparent to the POA and that is not considered good labor negotiation and strategy. For our other legal negotiations, we brief the department heads involved privately. We brief the Board of Supervisors when we have labor negotiations on a citywide basis and those happen in closed session and that’s so we can get direction without exposing our internal deliberations to the people with whom we are negotiating. So if you think about it, it’s similar to if the city is negotiating a lease with some company, you don’t talk with them about your plan. So that’s why it’s important. It is one of the very few, because of this, it is one of the very few reasons that closed sessions are allowed for governing bodies and agencies, commissions such as yours.”
PUBLIC COMMENT
Majick spoke of how this is not a business deal and asked for what the nine issues are and has asked historically if DHR has place legal actions against the POA.
Alan Schlossher, ACLU, spoke of what has been presented to the Commission is disturbing. He gave his thoughts as to what the Commission should be asking Director Callaghan.
Kevin Benedicto, Blue Ribbon Panel, focused on electronic data collection and hopes that a minor change be made to allow electronic data collection.
Julie Tran, Bar Association, spoke of the process and concerns on how the meet-and-confer process is taking much longer. She stated that she is willing to help going forward.
Karen Fleshman spoke of how the people of SF deserves to have a policy to protect the people. She spoke of concerns about the POA.
Carl spoke of concerns regarding the POA and stated that the meet and confer is a second bite at the apple for the POA.
Ray Hartz believes that POA is not a monolith and spoke of concerns about Marty Halloran.
Unidentified spoke of how the POA has already been given an opportunity to comment on this issue. He asked if the Department can move forward on an interim policy and suggested that the Commission should litigate as to whether or not the POA has a right to negotiate to the policy rather than send them to arbitration.
John Jones suggested speakers for stakeholders be allowed more than two minutes.
Barbara Attard spoke of how this is an important issue and that meet and confer is to meet and confer and not meet and agree and stated that the POA is trying to hijack the use of force policy.
John Crew wants to make suggestions to the Commission as to questions that needs to be asked.
Tom Silhorst agreed with the ALCU lawyers and spoke of concerns about the POA.
DISCUSSION AND POSSIBLE ACTION TO REGARDING THE CHIEF OF POLICE SELECTION PROCESS
Mr. Gary Peterson, Ralph Andersen & Associates, presented the summary of the public process report that started in July.
PUBLIC COMMENT
Patricia Boyd spoke of education versus no education and need to look at the whole picture of the person not just education. Common sense and street sense in dealing with the public is extremely important.
John Crew thanked Chief Peterson for his work suggested transparency and there be as much demographics released about the candidates.
Carl discussed concerns regarding survey results.
Tom Silhorst thanked Commissioners Melara and DeJesus for being approachable at the meetings. The public wants someone with integrity. He also recommended Tim Falvey for Chief if Chief Chaplin is not available.
Unidentified stated that the Commission should disregard results of survey.
Karen Fleshman suggested a chief that will be accountable and urged the Commission to make this process transparent as possible.
John Jones compared process to process when Eisenhower was picked.
Tom Gilberti showed a photograph that he considers the best in baseball.
Barbara Attard spoke on how important to bring a chief of police that will bring reform.
DISCUSSION AND POSSIBLE ACTION TO TAKE OFF CALENDAR DISCIPLINARY CASE FILED AGAINST ASSISTANT PATROL SPECIAL JOSE VIDAL, FILE NO. ALW IAD 2015-0072, 2015-0161 & 2015-0186, DUE TO HIS RESIGNATION EFFECTIVE 7/29/16
Motion by Commissioner Marshall, second by Commissioner DeJesus. Approved 7-0.
PUBLIC COMMENT
Tom Silhorst expressed concerns about patrol special officers.
RESOLUTION NO. 16-50
APPROVAL TO TAKE OFF CALENDAR DISCIPLINARY CHARGES FILED AGAINST ASSISTANT PATROL SPECIAL OFFICER JOSE VIDAL, STAR NO. 2666, DUE TO HIS RESIGNATION, EFFECTIVE 7/29/16 (FILE NO. ALW IAD 2015-0072, ALW IAD 2015-0161, ALW IAD 2015-0186
WHEREAS, on August 11, 2015, former Chief of Police Gregory P. Suhr made and disciplinary charges against Assistant Patrol Special Officer Jose Vidal, as follows:
SPECIFICATION NO. 1
APSO Jose Vidal failed to qualify at the Range for his bi-annual handgun qualification on October 29, 2014 (a violation of Rule 3.05(A) of the Interim Rules and Procedures for Patrol Special Officers and Their Assistants);
SPECIFICATION NO. 2
APSO Jose Vidal engaged in conduct considered neglect of duty when he worked as a security guard while employed as an Assistant Patrol Special and when he failed to respond to direct orders from Officer Carla Brown (a violation of Rules 3.16 and 4.03 of the Interim Rules and Procedures for Patrol Special Officers and Their Assistants);
SPECIFICATION NO. 3
APSO Jose Vidal failed to qualify at the Range for his bi-annual handgun qualification on April 15, 2015 (a violation of Rule 3.05(A) of the Interim Rules and Procedures for Patrol Special Officers and Their Assistants).
WHEREAS, Assistant Patrol Special Officer Jose Vidal, Star No. 2666, has resigned from the Patrol Special Program with said resignation effective immediately, per his letter dated July 29, 2016, addressed to Sergeant Rachael Kilshaw, Police Commission Secretary, Attorney Ashley Worsham, SFPD Internal Affairs, and Officer Carla Brown, Patrol Special Liaison, San Francisco Police Department; therefore be it
RESOLVED, that said charges of violating the Rules and Procedures of the San Francisco Police Department filed against Assistant Patrol Special Officer Jose Vidal 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 Officer Jose Vidal be within the jurisdiction of the Police Commission in the future.
AYES: Commissioners Loftus, Turman, Mazzucco, Marshall, DeJesus, Hwang, Melara, Hwang
HEARING REGARDING DISCIPLINARY CHARGES FILED IN THE FOLLOWING CASES:
- Patrol Special Officer Samuel Reyes, File No. ALW IAD 2014-0051 Put Over
- Patrol Special Officer Serge White, File No. ALW IAD 2013-0214
Officer Brown and Attorney Worsham appeared on behalf of the Department. PSO White not present.
Officer Carla Brown recommends that the appointment of PSO White be revoked.
PUBLIC COMMENT
Tim Silhorst spoke of how patrol specials are criminals.
Motion by Commissioner Mazzucco to revoke appointment of PSO White, second by Commissioner Melara. Approved 7-0.
- Assistant Patrol Special Thomas McCloskey, File No. ALW IAD 201-0173 & 2013-0239
Officer Brown and Attorney Worsham appeared on behalf of the Department. APSO Thomas McCloskey present.
Commissioner Mazzucco asked that this matter be put over until Mr. McCloskey talk to counsel and be provided discovery from the Department.
PUBLIC COMMENT
Tom Silhorst spoke of Mr. McCloskey and how he filed a restraining order against Ms. McCloskey.
- Patrol Special Officer Alan Byard, File No. ALW IAD 2013-0155 (Mazzucco Recused)
Commissioner Hwang presented this case.
Officer Brown and Attorney Worsham appeared on behalf of the Department. PSO Alan Byard is present.
Commissioner Loftus asked that this matter be put over.
Commissioner Melara agreed that this matter be postponed.
PUBLIC COMMENT
Tom Silhorst discussed concerns and stated that Commissioner Hwang should be recused from this matter.
(These proceedings were taken in shorthand form by Ms. Anna Greenley, CSR., Roomian & Associates.)
DISCUSSION AND POSSIBLE ACTION TO APPROVE SALE OF BEAT #47 FROM MRS. ANTOINETTE CANDIDO TO PATROL SPECIAL OFFICER ALAN BYARD AND SALE OF BEAT #83 FROM MS. DOLORES LOVETT TO PATROL SPECIAL OFFICER ALAN BYARD
Put over to a later date.
PUBLIC COMMENT
Tom Silhorst discussed concerns regarding patrol specials.
PUBLIC COMMENT
Patricia Boyd discussed concerns around Marina Cow Hollow about San Quentin parolees that were dropped off and some more dropped off at Moscone Recreation Center from Marin County and about a homeless at the Ramada Inn who tried to break in at homes.
Tom Gilberti spoke of the carotid hold and spoke of how the camera footage should show actions by officers.
Tom Silhorst discussed concerns and spoke of Clyde.
Unidentified spoke of her daughter’s murder and discussed concerns.
PUBLIC COMMENT ON ALL MATTERS PERTAINING TO CLOSED SESSION
None.
VOTE ON WHETHER TO HOLD CLOSED SESSION
Motion by Commissioner Melara, second by Commissioner Marshall. Approved 7-0.
CLOSED SESSION (11:20 p.m. – 12:30 a.m.)
Pursuant to Government Code Section 54957.6;
CONFERENCE WITH NEGOTIATOR-COLLECTIVE BARGAINING
City Negotiator: LaWanna Preston
Organization representing Police Officers: SF Police Officers Association
Anticipated Issues Under Negotiation: Use of Force Policy and Working Conditions
(PRESENT: Commissioner Loftus, Turman, Marshall, DeJesus, Mazzucco, Hwang, Melara, Chief Chaplin, Deputy Chief Sainez, City Attorney Cabrera, Sgt. Kilshaw, Risa Tom, Director Callaghan, Samara Marion, Ms. Mason, Mr. Ehrlich)
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: Assignment of non-disciplinary charges filed in Case No. OCC-0472-15 to an individual Commissioner for the taking of evidence on a date to be determined by the Commissioner
(PRESENT: Commissioners Loftus, Turman, Marshall, DeJesus, Mazzucco, Melara, Hwang, Deputy Chief Sainez, Deputy City Attorney Cabrera, Sgt. 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 decide penalty on specifications filed in Case No. 2014-0089, or take other action
PRESENT: Commissioners Loftus, Turman, Marshall, DeJesus, Mazzucco, Melara, Hwang, Deputy Chief Sainez, Deputy City Attorney Cabrera, Sgt. Kilshaw, Risa Tom)
Put over for 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, DeJesus, Mazzucco, Melara, Hwang, Deputy Chief Sainez, Deputy City Attorney Cabrera, Sgt. Kilshaw, Risa Tom)
OPEN SESSION (12:30 a.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 Mazzucco, second by Commissioner Marshall. Approved 7-0.
Thereafter, the meeting was adjourned at 12:30 a.m.
__________________________________________
Sergeant Rachael Kilshaw
Secretary
San Francisco Police Commission
