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 Hirsch, Taylor, DeJesus, Mazzucco, Hamasaki, Elias, Brookter

(Commissioner Hamasaki arrived at 5:43 p.m.)

REPORTS TO THE COMMISSION

a.            Chief’s Request

-              Weekly crime trends (Provide an overview of offenses occurring in San Francisco)

-              Significant Incidents (Chief’s report will be limited to a brief description of the significant incidents.  Commission discussion will be limited to determining whether to calendar any of the incidents the Chief describes for a future commission meeting.)

-              Major Events (Provide a summary of planned activities and events occurring since the previous meeting including Women’s March/Walk for Life.  This will include a brief overview of any unplanned events or activities occurring in San Francisco having an impact on public safety.  Commission discussion on unplanned events and activities the Chief describes will be limited to determining whether to calendar for a future meeting.)

-              Facilities Update:  Status of moves of EVOC, Property, Traffic Company and Forensic Services Division

-              Presentation of the 4^th Quarter 2018 Audit of Electronic Communication Devices for Bias

-              Report on 2018 Homicide Clearances

Assistant Chief Sainez for Chief Scott reported on crime trends and major events. There have been four homicides in 2019 which is a 33 percent decrease as compared to 2018.  Property crimes down 24 percent.  Chief Sainez reported on a solo fatal car accident, a hit-and-run incident involving a vehicle and a pedestrian in the Richmond District.  Major events:  IBM Convention at the Moscone Convention Center.

Deputy Chief Moser presented the update on the move of EVOC and Property Unit.

Mr. Charles Higueras and Mr. Michael Rosetto presented the update on the move of the Traffic Company and Forensic Services Division.  Timelines to move-in (by City) on October 2021 to January 2022, with final completion November 2021.

                Commander Walsh presented the 4^th Quarter 2018 Audit of Electronic Communication Devices for Bias.               

                Deputy Chief Connolly presented the 2018 homicide clearance rates.  There were 46 homicides in 2018.  Of the 46 homicides, 35 were cleared by arrests in 2018.  In the 35 arrests, six were from previous years.

b.            DPA Director’s Report

-              Report on recent DPA activities, and announcements

-              Presentation of DPA’s November, December 2018 and January 2019 Monthly Statistical Reports

                Director Henderson reported on cases closed, opened, and cleared and mediated.  There are 69 open cases; 68 cases closed; 282 open cases; 10 cases sustained; 27 cases pass the 270-day point; and, three cases mediated.  He also reported on activities including participation in the Civic Bridge Project.  The office also hosted a training session for mediators and outreach events at the Summer Resource Fair, attending Park Station and Northern Station’s community meetings.

                Director Henderson then presented the November, December 2018 and January 2019 Monthly Statistical Report.

c.             Commission Reports

-              Commission President’s Report

-              Commissioners’ Reports

                Commissioner Hirsch announced that in order to have greater transparency he would ask the individual commissioners, in March, to give a very brief report as to what he/she is doing so that the public knows what the Commission is doing.  Commissioner Hirsch stated that he asked Commissioner Hamasaki to be part of the working group on Staffing.  Commissioner Brookter will be the point person for the DPA.  Commissioner Hirsch also attended a celebration on Black History Month that was put on by the Department and the Mayor’s Office and spoke of how it was a great event for all San Franciscans.

                Commissioner Hamasaki spoke of the upcoming presentation on staffing.

                Commissioner DeJesus reported on meeting with the LEP working group and what the group’s priorities are.

                Commissioner Taylor spoke of the Black History Month Celebration and spoke of attending the 261^st Recruit Graduating Class graduation.

                Commissioner Elias spoke of working with Supervisor Yee and Commissioner Hamasaki in regards to staffing needs of the Department.

                Commissioner Brookter spoke of working with Director Henderson and spoke of the Black History Month events as SFPUC.    

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

                Sergeant Kilshaw announced that the Commission will meet on Wednesday, February 20, 2019, at City Hall, Room 400, starting at 5:30 p.m.

PUBLIC COMMENT

                None               

PRESENTATION BY THE YOUTH COMMISSION REGARDING THE YOUTH COMMISSION’S BUDGET PRIORITIES                

                Nora Hilton, Youth Commission, presented the report on Youth Commission Budget Priorities.  She spoke of the importance of the Youth Cognitive Training for officers.

PUBLIC COMMENT

                Jesse spoke of the Transformative Committee and how they are doing great work and urged the Commission to take the Youth’s Commission seriously.

                Tammy Bryant expressed her support for the Youth Commission and their priorities.

DISCUSSION AND POSSIBLE ACTION TO ADOPT RULES FOR ADMINISTRATIVE APPEALS

                Director Carol Isen and Deputy City Attorney Jonathan Yank presented the Rules for Administrative Appeals.

PUBLIC COMMENT

                None

                Motion by Commissioner Mazzucco, second by Commissioner Elias to adopt the Rules.  7-0

RESOLUTION 19-15

ADOPTION OF RULES FOR ADMINISTRATIVE APPEALS

                RESOLVED, that the Police Commission hereby adopts the Rules for Administrative Appeals dated January 30, 2019.

AYES:     Commissioners Hirsch, Taylor, DeJesus, Mazzucco, Hamasaki, Elias, Brookter

DISCUSSION AND POSSIBLE ACTION TO APPROVE PROPOSED SFPD 2019/2020 BUDGET

                Executive Director Maguire presented the proposed SFPD 2019/2020 budget.

PUBLIC COMMENT

                None

                Motion by Commissioner Elias, second by Commissioner Mazzucco.  Approved 7-0.

RESOLUTION NO. 19-12

APPROVAL OF PROPOSED SFPD BUDGET FOR FISCAL YEAR 2019/2020

RESOLVED, that the Police Commission hereby approves proposed SFPD Budget for Fiscal Year 2019/2020.

AYES:   Commissioners Hirsch, Taylor, DeJesus, Mazzucco, Hamasaki, Elias, Brookter

DISCUSSION AND POSSIBLE ACTION TO APPROVE ISSUANCE OF DEPARTMENT BULLETIN, PER DGO 3.01, MODIFYING DEPARTMENT GENERAL ORDER 11.01, “PERSONNEL COMPENSATION”

                Assistant Chief Sainez presented the department bulleting modifying DGO 11.01, “Personnel Compensation.”

PUBLIC COMMENT

                Reuben regarding compensation plan for officers as incentive.

                Motion by Commissioner Mazzucco, second by Commissioner Brookter.  Approved 6-1. 

AYES:     Commissioners Hirsch, Taylor, DeJesus, Mazzucco, Hamasaki, Brookter

NAYS:    Commissioner Elias

RESOLUTION 19-13

APPROVAL TO ISSUE DEPARTMENT BULLETIN, “MONITORING OVERTIME,” MODIFYING DEPARTMENT GENERAL ORDER 11.01, “PERSONNEL COMPENSATION”                 

                RESOLVED, that the Police Commission hereby approves the issuance of Department Bulletin titled “Monitoring Overtime” modifying Department General Order 11.01, “Personnel Compensation.”

                AYES:     Commissioners Hirsch, Taylor, DeJesus, Mazzucco, Hamasaki, Brookter

NAYS:    Commissioner Elias

DISCUSSION AND POSSIBLE ACTION TO ADOPT REVISED DEPARTMENT GENERAL ORDER 3.09, “DEPARTMENT AWARDS,”

                Commissioner Mazzucco presented the revised DGO 3.09, “Department Awards.”

                Commissioner Hirsch asked that comments and modifications be sent to Commissioner Mazzucco by the end of February.

PUBLIC COMMENT

                Tammy Bryant agreed with Commissioner DeJesus’s concerns.

DISCUSSION AND POSSIBLE ACTION TO APPROVED REVISED DEPARTMENT GENERAL ORDER 11.10, “PHYSICAL FITNESS EVALUATION PROGRAM,” FOR PURPOSES OF ENGAGING IN THE MEET-AND-CONFER PROCESS WITH THE POLICE OFFICERS ASSOCIATION, AS REQUIRED BY LAW

                Deputy Chief Moser presented the revised Department General Order 11.10, “Physical Fitness Evaluation Program.”

                Motion by Commissioner Hamasaki, second by Commissioner Taylor.  Approved 6-0.

RESOLUTION 19-14

APPROVAL OF DEPARTMENT GENERAL ORDER 11.10, “PHYSICAL FITNESS EVALUATION PROGRAM” FOR THE DEPARTMENT TO USE IN MEETING AND CONFERRING WITH SAN FRANCISCO POLICE OFFICERS ASSOCIATION                                                                                                                                                                                                  

                RESOLVED, that the Police Commission hereby approves draft dated 1/31/19, of Department General Order 11.10, “Physical Fitness Evaluation Program,” which states as follows:

PHYSICAL FITNESS EVALUATION PROGRAM

This order establishes policy for the implementation of a Physical Fitness and Wellness Evaluation Program administered by the Department Physical Fitness Coordinator.  For purposes of this order, the term "officer" means sworn member from the rank of Officer through the rank of Captain.

I.  POLICY

A.            OFFICER WELLNESS. The San Francisco Police Department encourages officers to keep themselves physically fit and participate in an ongoing regimen of exercise and healthy diet. For this reason, the Department offers a fitness and wellness evaluation program designed to assist officers with increasing their awareness of the benefits of cardiovascular and physical fitness.

B.            PARTICIPATION. Officers appointed after July 1, 1994shall appear every six months for evaluation and testing by the Physical Fitness Coordinator.  Officers appointed prior to July 1, 1994 are allowed to participate in the Physical Fitness and Wellness Evaluation Program and are subject to the same provisions outlined in this General Order.  The six month periods are from January 1^st through June 30^th of each calendar year and July 1^st through December 31^st of each calendar year.

Appearance schedule shall be determined by officer's star number:

                Star numbers                    Months

                1 – 400/2700 – 2799/3000 – 4050            January/July

                401 – 800/4051 – 4100                                  February/August

                801 – 1200/4101 – 4150                               March/September

1200 – 1600/4151 – 4200                             April/October

1601 – 2000/4201 – 4300                              May/November

2001 – 2400/4301 – 4400                             June/December

C.            TEMPORARY MODIFIED DUTY/ADA ACCOMODATION. Any officer appointed after July 1, 1994 who is on temporary modified duty (TMD) status is excused from participating in the Fitness Assessment Test until returned to full duty.  However, if a TMD officer wishes to participate in the test, a member of the Medical Liaison Unit will evaluate the officer’s restrictions and determine if the officer can participate. 

                Any officer appointed after July 1, 1994 who has received an accommodation under ADA/FEHA and whose restrictions preclude participation in the Fitness Assessment Test are not required to participate in the test.  However, if an ADA accommodated officer wishes to participate in the test, a member of the Medical Liaison Unit will evaluate the officer’s restrictions and determine if the officer can participate.               

                Regardless of the schedule set in this General Order, any officer who misses a required qualification due to Disability (DP) or TMD status shall participate in the Fitness Assessment Test upon returning to full duty at the earliest open scheduled date.

D.            COMPENSATION.  During each six-month period, officers who participate in the Physical Fitness and Wellness Evaluation Program may earn fitness award (PE) hours subject to the current Memorandum of Understanding.

                Officers shall use any PE hours within one year of the date received.

II. PROCEDURES

1. FITNESS LEVEL.An officer’s level of fitness will be determined by the final score on the Fitness Assessment Test. The test evaluates the officer’s relative fitness in the following areas:

   1. muscular strength;

   2. muscular endurance;

   3. body composition; and

   4. cardiovascular fitness.

      B.            FITNESS ASSESSMENT TEST. The Fitness Assessment Test is comprised of the following events: 

2. 1.5 mile run,

3. Sit-ups,

4. Push-ups,

5. Body composition, and

6. Grip strength

   During the test, officers can accumulate up to 100 points for each event, for a maximum of 500 points. Officers are required to participate in all five events to be eligible to receive any points. Accumulated points must be at or above 70%, 80% or 90% to earn PE hours. 

   Recognition Levels      Percentage of 500 Points  Fitness Award Hours

   Level 1                  70%                                                        10

   Level 2                  80%                                                        15

   Level 3                  90%                                                        20

    

7. BLOOD PRESSURE MEASURMENT.Prior to the Fitness Assessment Test being administered, the Physical Fitness Coordinator will measure the blood pressure of participating officers.If an officer has a blood pressure measurement greater than systolic 200 or diastolic 110, the officer shall be transported to a medical facility for an evaluation by a physician.

   The Physical Fitness Coordinator shall notify the officer’s Commanding Officer who shall ensure the officer receives a Workers’ Compensation Claim Form (DWC-1). 

   The officer will not be allowed to return to work in any capacity until a treating physician clears the officer to return in either a full duty or TMD status.  Once the officer has obtained clearance to return to full duty, the officer shall participate in the Fitness Assessment Test. 

   D.            DUTIES OF THE PHYSICAL FITNESS COORDINATOR. The Physical Fitness Coordinator is responsible for the overall management of the Physical Fitness and Wellness Evaluation program, including but not limited to the following:

8. TESTING.The Physical Fitness Coordinator is responsible for:

9. developing the Fitness Assessment Test consistent with best practices for measuring the fitness level indicators as described in Section II. A. 1-4 above,

10. scheduling the monthly Fitness Assessment Tests,

11. notifying officers of the monthly testing dates, and

12. supervising the monthly tests.

    2.            INDIVIDUAL PROGRAMS. The Physical Fitness Coordinator is responsible for developing individual programs to assist officers in improving their physical fitness or wellness.

    3.            RECORDS/NOTIFICATION. The Physical Fitness Coordinator is responsible for maintaining a record of each officer's participation in the program and a record of the Fitness Assessment Test scores. 

                                    The Physical Fitness Coordinator is responsible for submitting the names of officers who have accumulated sufficient points to earn PE hours to the Payroll Division at the end of each six-month period.

                                    The Physical Fitness Coordinator shall notify the Commanding Officer of the Training Division in writing the names of officers who failed to appear at the Fitness Assessment Test each month.

    4.                            EQUIPMENT.  The Physical Fitness Coordinator is responsible for maintaining and replacing equipment in the Police Academy gymnasium and the equipment necessary to administer the Fitness Assessment Test.                               

    References:

    DGO 11.12, Temporary Modified Duty/Reasonable Accommodation   

    AYES:                     Commissioners Hirsch, Taylor, Mazzucco, Hamasaki, Elias, Brookter

    ABSENT:               Commissioner DeJesus

    PUBLIC COMMENT

                    None               

    PUBLIC COMMENT

                    Reuben Goodman spoke of living in a care home and how the caretaker uses fear on the residents.

                    Jim Salinas, Sr., spoke of growing up in a gang-infested neighborhood and spoke of how the Police Commission has the ability to affect a lot of people and expressed concerns on an article he read about the Commission and how it undermines the credibility of the Commission and that the Commission can do much better.

                    Tammy Bryant, District 5 resident, thanked Chief Scott for his two years of service.  She spoke of actions of officers and commended Captain Engler for doing a great job in the Northern.

                    Ms. Paulette Brown showed photos of the Commissioners with Mayor Breed.  She expressed concerns regarding actions of some of the Commissioners walking out at the last meeting.  She spoke of her son’s outstanding homicide case and asked for a venue to display photos of her son.  She asked for help to solve her son’s case.

    PUBLIC COMMENT ON ALL MATTERS PERTAINING TO CLOSED SESSION, INCLUDING PUBLIC COMMENT ON VOTE WHETHER TO HOLD CLOSED SESSION  

                    None               

    VOTE ON WHETHER TO HOLD CLOSED SESSION               

    Motion by Commissioner Mazzucco, second by Commissioner Hamasaki.  Approved 7-0.

    CLOSED SESSION: (8:45 p.m. – 9:04 p.m.)

    CONFERENCE WITH LEGAL COUNSEL – Existing Litigation.  Pursuant to Government Code Section 54956.9(d)(1) and SF Administrative Code Section 67.10(d)(1): 

    Jamal Rashid Trulove v. Maureen D’Amico, et al., Ninth Circuit Court of Appeals Case No. 18-16540, United States District Court Case No. 16-cv-00050, filed January 7, 2016

    (Present:  Commissioners Hirsch, Taylor, DeJesus, Mazzucco, Hamasaki, Elias, Brookter, Assistant Chief Sainez, Deputy City Attorney Cabrera, Sgt. Kilshaw, Sgt. Campbell, Risa Tom, Deputy City Attorney Cheryl Adams)

    PERSONNEL EXCEPTION:  Status and calendaring of pending disciplinary cases.

    (Present:  Commissioners Hirsch, Taylor, DeJesus, Mazzucco, Hamasaki, Elias, Brookter, Assistant Chief Sainez, Deputy City Attorney Cabrera, Sgt. Kilshaw, Sgt. Campbell, Risa Tom)

    OPEN (9:04 p.m.)

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

                    Motion by Commissioner Hamasaki, second by Commissioner Mazzucco for non-disclosure.  Approved 5-0.               

    ADJOURNMENT

                    Motion by Commissioner Elias, second by Commissioner Mazzucco.  Approved 7-0.                               

                    Thereafter, the meeting was adjourned at 9:05 p.m.