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 5:32 p.m.               

PRESENT:             Commissioners Taylor, DeJesus, Mazzucco, Elias, Brookter, Hamasaki

ABSENT:               Commissioner Hirsch

(Commissioner Hamasaki arrived at 5:35 p.m.)

Commissioner Taylor announced that line item two, Department Bulleting 19-125, will be removed from the agenda for further discussion; line item 1(a), FDRB 1^st and 2^nd quarter reports will be put over to January 8^th; and item 8(c) in closed session will be taken off.

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.  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.)

-              Presentation of the 1^st & 2^nd Quarter 2019 Firearm Discharge Review Board Findings & Recommendations & OIS Summaries Put over to Jan 8 2019

Chief Scott reported on crime trends:  part one crime down 5 percent; property down 5 percent; auto burglaries down 15 percent; violent crimes down 6 percent; homicides 37 year to date, 14 percent decrease; gun violence 103 shooting incidents which resulted in 126 victims, 22 are fatal. The Chief then reported on a homicide in the Bayview District in the 1100 block of Oakdale on December 7^th.  There were also three  shooting incidents that caused injuries to five victims.  One happened on 3^rd and Quesada in the Bayview and one occurred at Plymouth and Broad Streets, in the Taraval.  The Chief stated that these incidents were related due to the exact description of the vehicle in both incidents.  The Chief also reported on an officer-involved shooting in the Mission.  Town Hall will be on Tuesday at 6 p.m. at Cezar Chavez Elementary School.  Major events:  Warriors has two home games; concerts at Chase Center.  The Chief also reported on SantaCon where five people were arrested for public intoxication.  He also reported on a gun buy back on Saturday at 1038 Howard Street from 8 a.m. to noon.

b.            DPA Director’s Report

-              Report on recent DPA activities, and announcements

-              Presentation of the August, September, & October 2019 Statistical Reports

-              Presentation of the 1^st, 2^nd and 3^rd Quarter 2019 Quarterly Reports

                Director Henderson reported on stats:  709 open cases and 621 closed cases, 413 opened cases and pending; 83 sustained cases; 25 cases beyond nine months; 35 cases mediated.  Director Henderson also updated the commission regarding SB 1421 cases.  Director Henderson reported that they have concluded the review of all disclose able cases under the sexual assault category.  They have also disclosed one more case that they have received.   Mediation:  Nothing new to report.  Outreach:  His agency participated in the District 5 Family Summit, Youth Commissioner Mixer.  On December 11^th, the attorneys will be presenting an overview of DPA for the KIP Senior Center Community, and also on December 11^th, they will be participating in the Power of Community Engagement Blue Ribbon Event at the YWCA.

                Sara Maunder, DPA, presented the 1^st, 2^nd, and 3^rd 2019 quarterly reports.               

c.             Youth Commissioner’s Report

                Amara Santos, Youth Commissioner, talked about Police Officers being out in the community to understand member of the community and their issues.  She also talked about the SFPD and USD MOU.  The Youth Commission also visited Juvenile Hall, conversations with Chief Scott and A/Captain Yulanda Williams.

                Commissioner Elias thanked Youth Commissioner Jones for attending the Bias Working Group.

d.            Commission Reports

-              Commission President’s Report

-              Commissioners’ Reports

                Commissioner Taylor talked about the recent working group meeting on Bias.

                Commissioner Brookter thanked Commissioner Karen Chung for her work with families in the Bayview and the bike giveaway.

                Commissioner Hamasaki talked about attending a meeting with the Chinatown community regarding finding a solution to problems in the Asian communities.               

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

                Sgt. Youngblood announced that the next meeting will be on Wednesday, January 8, 2020, at City Hall, Room 400, 5:30 p.m.               

PUBLIC COMMENT

                John Jones spoke of how the Commission is non-responsive of the public comments and concerns about the two-minute time limit.

                Ms. Camerana spoke of the recent OIS and asked for the names of the officers who were involved with the shooting.

                Magick Altman spoke of how the community was disturbed and asked why the family has not been allowed to see their family member.

                Unidentified spoke regarding the recent OIS incident.

                Luke moody spoke regarding the recent OIS incident.

                Patty Lee, Public Defender’s Office Juvenile Unit, spoke of concerns by the officers and of the Miranda bill for the youth.

                Julie Traun spoke of the Youth Commission and glad that the youths are involved.

                Unidentified spoke on recent OIS incident.

                Unidentified spoke of recent OIS incident.

                Ms. Paulette Brown spoke of her son’s homicide case and talked about community violence.

                Unidentified spoke on recent OIS incident.               

DISCUSSION AND POSSIBLE ACTION TO ISSUE DEPARTMENT BULLETIN 19-125, “NEW REQUIREMENTS WHEN MEMBERS INTERROGATE OR QUESTION YOUTH 17-YEARS OLD OR YOUNGER,’ MODIFYING DEPARTMENT GENERAL ORDER 7.01, “JUVENILE POLICIES AND PROCEDURES”

Taken off calendar.  Put over to Jan 8 2020

DISCUSSION AND POSSIBLE ACTION TO ADOPT A RESOLUTION URGING THE BOARD OF SUPERVISORS TO AUTHORIZE THE CHIEF OF POLICE TO RETROACTIVELY ACCEPT AND EXPEND A GRANT IN THE AMOUNT OF $298,414 FROM THE DEPARTMENT OF HOMELAND SECURITY FEDERAL EMERGENCY MANAGEMENT (DHS/FEMA) TO PURCHASE AN UNDERWATER REMOTE OPERATED VEHICLE (ROV) 

                Director Patrick Leung presented the grant to purchase an underwater remote operated vehicle.

PUBLIC COMMENT

                None               

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

RESOLUTION NO. 19-78

APPROVAL OF THE REQUEST OF THE CHIEF OF POLICE TO RECOMMEND THAT THE BOARD OF SUPERVISORS ADOPT A RESOLUTION AUTHORIZING THE CHIEF OF POLICE TO RETROACTIVELY ACCEPT AND EXPEND A GRANT IN THE AMOUNT OF $298,414 FROM THE DEPARTMENT OF HOMELAND SECURITY FEDERAL EMERGENCY MANAGEMENT (DHS/FEMA) TO PURCHASE AN UNDERWATER REMOTE OPERATED VEHICLE (ROV)                                                                         

RESOLVED, that the Police Commission hereby approves the request of the Chief of Police to recommend that the Board of Supervisors adopt a resolution authorizing the Chief of Police to retroactively accept and expend a grant in the amount of $298,414 from the Department of Homeland Security Federal Emergency Management (DHS/FEMA) to purchase an underwater Remote Operated Vehicle (ROV).

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

ABSENT:               Commissioner Hirsch

DISCUSSION AND POSSIBLE ACTION TO APPROVED REVISED DEPARTMENT GENERAL ORDER 6.03, “UNDERWATER DIVING OPERATIONS,” FOR PURPOSES OF ENGAGING IN THE MEET-AND-CONFER PROCESS WITH THE POLICE OFFICERS ASSOCIATION

                Lieutenant Jason Sawyer presented the revised DGO 6.03, “Underwater Diving Operations.”

PUBLIC COMMENT

                None

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

RESOLUTION 19-79

APPROVAL OF DEPARTMENT GENERAL ORDER 6.03, “UNDERWATER DIVING OPERATIONS” FOR THE DEPARTMENT TO USE IN MEETING AND CONFERRING WITH SAN FRANCISCO POLICE OFFICERS ASSOCIATION                                                 

                RESOLVED, that the Police Commission hereby approves draft of Department General Order 6.03, “Underwater Diving Operations,” which states as follows:

UNDERWATER DIVING OPERATIONS

6.03.01 

PURPOSE

The purpose of this order is to establish protocols for conducting underwater operations. It is the intention of this order to establish guidelines rather than to detail the procedures for every conceivable dive operation.

6.03.02 

POLICY

It is the policy of the San Francisco Police Department that:

1. The Marine Unit shall be responsible for managing the day to day and long term activities for Dive Operations through a recognized Dive Team structure, including, but not limited to, planning, training, budgeting, equipment procurement and Dive Team personnel management.The Marine Unit will be responsible for immediate diving response.

2. The Explosive Ordinance Disposal Unit (EOD) will be responsible for coordinating and conducting underwater operations as they relate to suspected underwater hazardous devices.Marine Unit personnel and equipment shall support EOD underwater operations as necessary.EOD may also augment the Marine Unit diving operations.

3. SFPD Members not assigned to the Marine Unit may be temporarily assigned to the Marine Unit and may assist EOD divers when needed.

4. The San Francisco Fire Department (SFFD) is responsible for immediate rescue diving operations.The San Francisco Police Department is responsible for evidence recovery to include body recovery.Through inter-agency training, as well as familiarization with equipment and operation protocols, SFPD Dive Team members may supplement SFFD dive operations, and SFFD divers may augment SFPD Dive Team operations.

   6.03.03 

   PROCEDURES

1. Qualifications

The following are considered minimal standards for the San Francisco Police Department Dive Team.  Members interested in the Dive Team will be required to submit a memorandum via their Chain of Command to the Commanding Officer of the Homeland Security Unit indicating their interest and qualifications.  Interested members must have completed Departmental probation.  Applicants must possess an advanced open water SCUBA certification from a nationally recognized SCUBA institution.  All Dive Team divers must pass an annual dive physical examination, SCUBA skills evaluation, and general physical fitness evaluation.  These requirements are also extended to Dive Team members assigned to EOD.

Additionally, all divers shall successfully complete an annual medical evaluation and receive certification for operation in a SCUBA respirator.

Permanent Marine Unit members assigned to the Dive Team shall have a minimum two year commitment to the assigned position unless a promotional opportunity is awarded.  

Externally assigned collateral duty divers are sworn members assigned to other Department Details and work as a Dive Team member as a collateral assignment only.  Therefore, this assignment is not subject to nor governed by General Order 11.06 Personnel Transfers. 

Test: All divers shall successfully complete a skills assessment prior to participation in Department dive operations.  Divers must demonstrate proficiency in the following disciplines: Surface swimming; basic SCUBA gear inspection and operation; proper donning and doffing of equipment, both on the surface and subsurface; and emergency entanglement and out of air procedures.

2. Training and Experience

3. All Dive Team members shall minimally possess a PADI Advanced Open Water (or NAUI, SSI equivalent) certification.

4. Dive Team members shall complete training dives no fewer than 4 times per calendar year, with proficiency testing to be included.Members who fail to meet the minimum number of required dives may be restricted from dive operations or removed from the Team.Unsupervised, non-police recreational dives shall not be used to substitute for qualification dives.

   Additionally, each Dive Team member shall have training and experience in the following:

5. The use of the instruments and equipment appropriate to the diving activity to be conducted, including the operation of sonar equipment and remote operated vehicles.

6. Techniques of the diving mode (surface supplied air or SCUBA) to be used.

7. Dive planning and emergency procedures.

8. Diver rescue techniques and diving related first aid.

9. Dive Team members who are exposed (or control the exposure of others) to hyperbaric conditions shall be trained in diving-related physics and physiology and recognition of pressure related injuries.

3. Medical Requirements

4. The Dive Supervisors shall ensure the divers who are, or are likely to be, exposed to hyperbaric conditions have passed a current physical examination and have been declared medically fit to engage in diving activities.

5. Medical Examinations are also required at:

6. One year intervals from the date of initial examination of last equivalent examination; and

7. After an injury or illness requiring hospitalization of more than twenty-four (24) hours; and

8. After an episode of unconsciousness or other injury related to diving activity.

9. Divers shall immediately notify the Commanding Officer of Homeland Security Unit via Department Memorandum of any medical conditions that require admission to a hospital, renders them potentially unfit to dive, or places themselves or other members of the Dive Team at risk.

4. Personnel

Officer in Charge (OIC):  Shall be a Sergeant assigned to the Marine Unit and appointed OIC by the Commanding Officer of HSU.  The OIC shall be responsible for overseeing all dive operations, training, equipment procurement, maintenance, and training certificates and records.

Designated Dive Supervisors: Shall be experienced, nationally certified divers (NAUI, PADI, SSI), and have skills, knowledge and training to safely supervise diving operations.  The OIC of the Dive Team will designate a dive supervisor for all dive operations.

Divers: Shall be trained and nationally certified in advanced open water diving (NAUI, PADI, or SSI) and for the diving conditions and equipment being used, and shall have the training, experience, and state of health to participate in diving activities in a safe manner.

5. Equipment

6. Individual divers assigned to the Dive Team shall be issued Department owned and maintained dive equipment.Each diver shall ensure their issued equipment is kept in serviceable condition.The Marine Unit shall maintain records of all Dive Team issued equipment and required service intervals.

7. Personal and non-Department issued dive equipment is not authorized for any Department sanctioned diving operations.

6. Dive Operations

For each dive operation, one individual shall be designated as the dive supervisor.  The dive supervisor shall be in an appropriate location at the dive site throughout the entire dive operation.  The dive supervisor shall be responsible for all personnel participating in the dive operation.

The dive supervisor has the authority to suspend any dive operation or dive privileges. The dive supervisor shall consider the following criteria:  

1. Minimum Personnel:

   SCUBA & Surface-Supplied Air Diving

2. 1-supervisor (may act as tender)

3. 1-diver

4. 1-standby diver

5. 1-tender

6. SCUBA diving shall not be conducted against currents exceeding 3 knots unless line-tended.

7. A first aid kit (including oxygen) adequate for the diving operation shall be available at the dive location.An SF ICS 206 Form shall be prepared for all open water dive operations.

8. When diving in areas capable of supporting vessel traffic:

9. A rigid replica of the international code Flag “A” at least one meter in height shall be displayed at the dive location in a manner which allows all round visibility, and shall be illuminated during night diving operations, or

10. The use of a smaller code flag “A” shall be permitted for shallow diving, commensurate with size of boats, skiffs or other surface floats used in the dive operation, or

11. A flag and/or other signal required by USCG Captain of the Port shall be displayed to indicate that diving operations are being conducted.

12. The dive supervisor shall also notify Vessel Traffic Service of any dive operation to be conducted in areas of regular vessel traffic.

13. The San Francisco Police Department Dive Team will authorize a Dive Team member to dive to the depth of 100 feet upon demonstrating and completion of dive training dives at the same depth.A San Francisco Police Department diver operating under the auspices of the San Francisco Police Department should not exceed the members’ trained depth while diving, except under exigent circumstances and with the approval of the on-site dive supervisor.

    For public safety divers, deep dives are defined as any dive deeper than 90 feet in good visibility and 60 feet in poor visibility (less than 6 feet).  Any operational deep dive as previously defined shall not occur without consultation with the Captain/Officer-In-Charge, or their designee, of the Homeland Security Unit.

    If the Dive Team is unable to safely complete a dive for any reason (personnel, conditions, environment, equipment, etc.), the Dive Team Supervisor will consult with the Commanding Officer of the Homeland Security Unit in order to determine if an outside agency or vendor should be utilized in order to complete the dive operation.

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

    ABSENT:               Commissioner Hirsch

    PUBLIC COMMENT

                    Brian Cox, Deputy Director Public Defender’s Office, spoke of SB 1421 and tracking mechanisms to track 1421 records and publishing records on new incidents.

                    John Jones spoke of concerns regarding public comment.

                    Ms. Paulette Brown thanked the Commission for announcing the anonymous tip line every week.

                    Charles Pitts asked where the information regarding the town hall meeting will be posted.

    PUBLIC COMMENT ON ALL MATTERS PERTAINING TO CLOSED SESSION

                    None

    VOTE ON WHETHER TO HOLD CLOSED SESSION

                    Motion by Commissioner Mazzucco, second by Commissioner Brookter.

    Approved 6-0.

    CLOSED SESSION (7:32 p.m. – 7:52 p.m.)

    a.            CONFERENCE WITH LEGAL COUNSEL – Existing Litigation.  Pursuant to Government Code Section 54956.9(d)(1) and San Francisco Administrative Code Section 67.10(d)(1):  Tiffany Cross, et al., v. CCSF et al., United States District Court Case No. 18-cv-06097, filed October 3, 2018

    (Present:  Commissioners Taylor, DeJesus, Mazzucco, Elias, Hamasaki, Brookter, Chief Scott, Assistant Chief Moser, Deputy City Attorney Cabrera, Sergeant Youngblood, Risa Tom, Philip Lohaus)

    b.            CONFERENCE WITH LEGAL COUNSEL – Existing Litigation.  Pursuant to Government Code Section 54956.9(d)(1) and San Francisco Administrative Code Section 67.10(d)(1):  William “Bill” Maier v. CCSF, San Francisco Superior Court Case No. CGC-18-564070, filed February 2, 2018

    (Present:  Commissioners Taylor, DeJesus, Mazzucco, Elias, Hamasaki, Brookter, Chief Scott, Assistant Chief Moser, Deputy City Attorney Cabrera, Sergeant Youngblood, Risa Tom, Philip Lohaus)

    c.             CONFERENCE WITH LEGAL COUNSEL – Existing Litigation.  Pursuant to Government Code Section 54956.9(d)(1) and San Francisco Administrative Code Section 67.10(d)(1):  Lu v. City and County of San Francisco, San Francisco Superior Court Case No. CPF-19-516659, filed May 6, 2019

    Taken off calendar

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

    Status and calendaring of pending disciplinary cases

    (Present:  Commissioners Taylor, DeJesus, Mazzucco, Elias, Hamasaki, Brookter, Chief Scott, Assistant Chief Moser, Sergeant Youngblood, Risa Tom, Philip Lohaus)

    OPEN SESSION (7:52 p.m.)

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

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

    ADJOURNMENT

                    Motion by Commissioner DeJesus, second by Commissioner Brookter.  Approved 6-0.                               

                    Thereafter, the meeting was adjourned at 7:52 p.m.