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 Turman, Mazzucco, Marshall, DeJesus, Melara, Hing

                Commissioner Turman welcomed the public and greeted Director Hicks a happy birthday.               

REPORTS AND ANNOUNCEMENTS

a.            Chief’s Report

-              Introductory Comments

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

-              Presentation regarding the Safe Place Initiative

                Chief Scott gave a brief update on crime statistics.  He gave an update on a shooting in the Mission District.  The Chief also spoke of a hit-and-run incident.  The Chief announced that the Chinese New Year parade on February 11^th.

                Commander McEachern introduced Sgt. Pete Shields in regards to the Safe Place Initiative.  Sergeant Shields then talked about the Seattle PD Safe Place Initiative and the SFPD Safe Zone Program.

                Commissioner Melara spoke on how this program can be great for community policing and spoke of speaking with Bank of America and stated that B of A is interested in this program.  Commissioner Melara stated that the Department needs to assign one individual to work with the program.

b.            DPA Director’s Report

-              Report on recent DPA activities, and announcements

-              Presentation of DPA’s Statistical Reports from January 2017, Summary of cases received in January 2017, Mediation of Complaints in January 2017, Discipline Proposed by the Chief of Police in January 2017 in Complaints Sustained by the OCC, and Comparative Statistical Reports from January 2016               

Director Hicks presented the January 2017 Statistical Reports. 

c.             Commission Reports     

-              Commission President’s Report

-              Commissioners’ Reports

                Commissioner Turman has no report.

                Commissioner Hing reported that he had met with the Chief earlier this week and announced that he had asked the Commission Secretary to schedule meeting with all the captains.  He stated that he met with Captain Bailey and Captain Oberzier today and commended both captains.               

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

                Commissioner DeJesus stated that she was disappointed that the retreat was cancelled.  She also spoke about a letter to the Chief from the Blue Ribbon Panel and spoke of having community representatives and stake holder representatives present at  reform meetings.  Commissioner DeJesus also spoke of an article about cases dismissed by the Federal Court and asked for more information about that matter.

                Commissioner Turman stated that the first step is to contact the US Attorney’s Office for more information.

                Sergeant Kilshaw announced that the next regular meeting will be on March 1^st and next week will be the Medal of Valor Ceremony.

PUBLIC COMMENT

                David Salaverry asked for the Commissioner to speak louder.

                John Jones spoke of the Safe Place Initiative and concerns regarding the initiative.

                Ms. Paulette Brown spoke of the Safe Place Initiative and stated that it is a good thing because everyone needs to be safe and she asked that stickers be put out for everybody.

DISCUSSION AND POSSIBLE ACTION TO APPROVE THE SFPD’S FY 2017-18 BUDGET               

                Director Catherine McGuire, Fiscal, presented the SFPD’s FY 2017-18 budget.  She talked about the budget overview, sworn hiring plan update, expanded police cadet program update, police reform budget, technology projects and vehicles, and the new forensic division and traffic company facility update.

PUBLIC COMMENT

                David Salaverry asked if the Commission is requesting for additional staff and spoke of budget for technology and consider hiring an IT consultant.

                Karen Fleshman spoke of rapid hiring and has deficiencies in the hiring process been fixed.               

DISCUSSION AND POSSIBLE ACTION REGARDING CIVIL GRAND JURY REPORT – “INTO THE OPEN:  OPPORTUNITIES FOR MORE TIMELY AND TRANSPARENT INVESTIGATIONS OF FATAL SFPD OFFICER-INVOLVED SHOOTINGS” JUNE 2016 – SIX-MONTH PROGRESS REPORT 

                Commissioner Mazzucco presented the six-month progress report.

PUBLIC COMMENT

                Karen Fleshman spoke of the civil grand jury report and spoke of concerns regarding handling of officer-involved shootings and suggested that public press conference and meetings have neutral facts.

                David Salaverry spoke of concerns regarding Commissioners attendance at town hall meetings.

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

RESOLUTION NO. 16-8

APPROVAL OF SIX-MONTH PROGRESS REPORT REGARDING CIVIL GRAND JURY REPORT – “INTO THE OPEN:  OPPORTUNITIES FOR MORE TIMELY AND TRANSPARENT INVESTIGATIONS OF FATAL SFPD OFFICER-INVOLVED SHOOTINGS” JUNE 2016

                RESOLVED, that the Police Commission hereby approves six-month progress report regarding the Civil Grand Jury Report – “Into the Open:  Opportunities for More Timely and Transparent Investigations of Fatal SFPD Officer-Involved Shootings,” which states:

“The Honorable Teri L. Jackson

Presiding Judge

Superior Court of California,

County of San Francisco

400 McAllister Street

San Francisco, CA 94102

RE: Civil Grand Jury Report - Into the Open: Opportunities for More Timely and Transparent Investigations of Fatal San Francisco Police Department Officer-Involved Shootings.

Dear Judge Jackson:

Pursuant to California Penal Code sections 933 and 933.05, the following is the Police Commission’s (“Commission”) six month progress report regarding the recommendations listed in the 2015 – 2016 Civil Grand Jury Report entitled, “Into the Open: Opportunities for More Timely and Transparent Investigations of Fatal San Francisco Police Department Officer-Involved Shootings (“Report”)”  where the Commission determined further analysis was needed prior to determining if the recommendation would be implemented.  The Commission would again like to thank the members of the Civil Grand Jury for their interest in the City’s various investigations of Officer-Involved Shootings (“OIS”) and for their efforts to improve the timeliness and transparency of OIS investigations.

RECOMMENDATIONS THAT REQUIRED FURTHER ANAYSIS BY THE POLICE COMMISSION

Recommendation R.10.A: SFPD and the Police Commission should make it official policy for the SFPD to hold press conferences as soon as possible after each OIS incident.

Recommendation has been implemented.   

Recommendation R.11.A: SFPD and the Police Commission should make it official policy for the SFPD to post “updates” on its website as soon as possible after each OIS incident.

Recommendation has been implemented.

Recommendation R.12.A: SFPD and the Police Commission should make it official policy for the SFPD to hold town hall meetings within a week after each OIS incident.

Recommendation has been implemented with a commitment to holding the town hall meeting within ten (10) days after each OIS incident.   

Recommendation R.12.B: The Chief of Police, the Supervisor for the district in which the OIS incident occurs, the DA, the Director of the OCC, all members of the Police Commission, and all members of the newly formed OIS Task Force (see Recommendations R.8.A. and R.8.B.) should attend the town hall meetings to show that they acknowledge the seriousness of the situation, understand how critical it is to have a thorough, accountable and transparent investigation and analysis of what occurred, and are united toward the goal of making that happen.  Faith leaders and other community advocacy groups should also be invited to participate.

The recommendation will not be implemented at the Commission level because it violates Administrative Code 67 et seq. and Government Code §549954.

The official policy of the SFPD is to convene a town hall meeting within ten days of an OIS incident.  In order for all members of the Commission to attend the town hall meeting – which by policy is held at a location other than City Hall – the meeting must be properly noticed at least fifteen days prior to the meeting.  Absent proper notification, all of the members of the Commission cannot attend the same town hall meeting because doing so violates Administrative Code 67 et seq. and Government Code §549954 by creating a quorum and holding an improperly noticed meeting.

The Commission acknowledges the seriousness of these critical incidents and the importance of transparency and accountability.  The Commission strives to have two Commissioners attend each town hall meeting. 

Recommendation R.15:  The Police Commission or the newly created OIS Investigation Oversight Task Force (see Recommendations R.8.A. and R.8.B), in addition to summarizing the findings and conclusions of the various OIS investigation (again see Recommendation R.8.A. and R.8.B.), should examine fatal OIS incidents with a view to developing “lessons learned” and answering the following questions:

•             What circumstances contributed to the OIS incident?

•             What aspects of the interaction between the SFPD officers and the suspect, if any, could have been handled differently so that the loss of life would not have occurred?

•             What alternatives to deadly force may have been tried? What lessons can be learned?

•             Should any SFPD policies and procedures be reviewed or revised because of the incident?

The entity making this review of the fatal OIS investigation should publish its findings, as well as those from each of the other City agencies involved, in one comprehensive report that is made available to the public.  The entity should then hold town hall meetings to share highlights from the report and the conclusions drawn from the OIS incident and should seek and allow for public comment and feedback.

This recommendation may be implemented in the future.

The Commission has directed the SFPD to review the policies, practices and process regarding the examination of fatal OIS incidents with a view to developing lessons learned. 

On behalf of the entire Police Commission, I again want to thank you for the opportunity to respond to the Civil Grand Jury’s report, Into the Open: Opportunities for More Timely and Transparent Investigation of Fatal San Francisco Police Department Officer-Involved Shootings.”  The Commission is committed to improving the timeliness and transparency of Officer-Involved Shootings.”

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

PUBLIC COMMENT

                Richard Hack spoke of edged weapons and police training and spoke of less lethal options.

                David Salaverry spoke of bail hearing for Moore and discrepancies in the police report.

                John Jones spoke of being at the airport during the protest regarding the travel ban.

                Unidentified spoke as a concerned citizen in regards to text messaging by officers and how things said are unacceptable.

                Karen Fleshman spoke of Sgt. Williams for the command staff and spoke of concerns about tasers.

                Ms. Paulette Brown spoke of her son Aubrey Abrakasa and how his case is still not solved and showed the names of perpetrators who shot her son.               

PUBLIC COMMENT ON ALL MATTERS PERTAINING TO CLOSED SESSION

                David Salaverry hopes that proceeding involving the lawsuit be made public.                                                    

VOTE ON WHETHER TO HOLD CLOSED SESSION

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

CLOSED SESSION (7:44 p.m. – 8:17 p.m.)

Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d)(1): CONFERENCE WITH LEGAL COUNSEL – Existing Litigation

San Francisco Police Officers Association v. SF Police Commission et. al.,

Superior court of California, Case No. 16-515408, filed December 20, 2016

(PRESENT:  Commissioners Mazzucco, Marshall, DeJesus, Melara, Hing, Chief Scott, Assistant Chief Sainez, Deputy City Attorney Cabrera, Sgt. Kilshaw, Risa Tom, Rania Adwan, Deputy City Attorney Koski)

Government Code Section 54957(b)(1) and SF Administrative Code Section 67.10(b) and Penal Code Section 832.7:

PERSONNEL EXCEPTION:  Assignment of disciplinary charges filed in Case No. DPA 0056-16 to an individual Commissioner for the taking of evidence on a date to be determined by the Commissioner

(PRESENT:  Commissioners Mazzucco, Marshall, DeJesus, Melara, Hing, Chief Scott, Assistant Chief Sainez, Deputy City Attorney Lee, Sgt. Kilshaw, Risa Tom, Director Hicks, Attorney Fraenkel, Attorney Shea, member involved)

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 Mazzucco, Marshall, DeJesus, Melara, Hing, Chief Scott, Assistant Chief Sainez, Sgt. Kilshaw, Risa Tom)

OPEN SESSION (8:17 p.m.)

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

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

ADJOURNMENT               

                Motion by Commissioner Melara, second by Commissioner DeJesus. 

                Thereafter, the meeting was adjourned at 8:18 p.m.