The Police Commission of the City and County of San Francisco met via videoconference at  5:30 p.m.

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

                Commissioner Taylor made the following statement:

                “In the last few weeks, we watched the barbaric murder of George Floyd by vile racist police officers.  We watched the treatment of Christian Cooper by the latest in an endless stream of entitled Beckys or Karens who whitesplain and espouse liberal values when it suits them but truth be told they see us as less than.  We watched Ahmad Arbery get hunted and gunned down like a dog for jogging. We witnessed EMT Breonna Taylor slaughtered in her own home.

                Now, study after study shows that white people think that black people are not only more likely to commit crimes, they think that we feel less pain, we have a less nuanced range of emotions, and we are less worthy of care and protection.  We are not seen, not understood, and so we often have to fend for ourselves.

                Racism is definitely a police problem, one that is as old as our entire nation.  But let’s be clear, no one is off the hook.  Racism is an America problem.  Trayvon Martin, Ahmad Arbery were killed by citizens.  The overwhelming majority of hate crimes are committed by ordinary citizens.

                Every single member of this Commission is committed to rooting out bias in the police department.  And after seeing the murder in Minneapolis, after seeing the recent video circulating with what appeared to be knee to neck restraints used here in San Francisco in January, I have questions that are more urgent that ever and I’m sure my fellow commissioners do too, as well as the public.

                But before we get into the Chief’s report and those questions, I want to talk about where we are in the reform initiative because of some of what I heard circulating is not just correct.

                Today, SFPD has substantially completed 61 out of the 272 DOJ recommendations – not 40.  Now 61 is a drop in the bucket compared to what needs to happen.  But the 61 completed reforms are all in the key areas of use of force, use of force training, prohibiting bias policing, accountability, and community policing.

                And it is important to note that the reason the Obama Administration, the US Department of Justice made the recommendations at the end of 2016 is because SFPD asked the Obama Administration to survey its policies and issue a report.  No police department invites the federal government to conduct an audit of its policies but that’s what SFPD did.  SF has been on the forefront of recognizing the need for change in police reform.

                There have been barriers to quick reforms, some within SFPD, some because of outside city agencies that are required to be a part of the process, some because of the police union, and frankly, some barriers because of California DOJ itself who took over when Trump decided, after he became president, has decided that police reform didn’t matter.

                Since the DOJ made those recommendations in late 2016, the Police Commission has completely overhauled a number of SFPD policies including the use of force policy which expressly bans knee to neck restraints and has since December 2016.  So for those of you who have questions about that, the knee to neck restraints are not permitted in our use of force policy.  The Police Commission has also overhauled SFPD’s policies in a number of other areas, including; The use of firearms; the policy prohibiting biased policing which also includes bias by proxy because we all know that part of the problem is people calling the police on black people.  It includes discrimination and harassment within the department, we overhauled that policy as well.  The Commission created a discipline matrix, the policy governing disciplining officers; the policy governing how citizens file complaints against officers; the policy making sure the public has access to police reports; the policy refusing to enforce federal immigration laws in San Francisco; requiring officers to wear body worn cameras; and the policy around police interaction with transgender, gender variant, and non-binary individuals, and as many of you know, black transgender youth are disproportionately victims of violence.  These are just a few of the revisions and overhaul the Police Commission has made to Department policies.

                We are keeping track on the pace of the reforms but I’m asking the police to do a few more things:  (1)  I’d like you to report monthly to the Commission and to the public on the pace of the reforms.  I would also like the Chief to institute bias testing within the department.  Now I know there is already implicit bias training but what I’m asking for is testing at the hiring stage so that we can weed out bad apples before they arrive in the Department and then on an ongoing basis.

                San Francisco has the opportunity to pave a path for policing that is free of bias, one that responds with empathy and respect to the communities it serves. These are the values that guide this Commission.

                At the end of this meeting, I will ask for a motion to adjourn in honor of George Floyd and all those who have lost their lives because of racial injustice.  I hope that what has happened recently will cause a reckoning that reverberates throughout this country as we cannot waste this moment.  Thank you.”

ADOPTION OF MINUTES

• For the meetings of February 5, 12, 19, and May 20, 2020

  Commissioner Hamasaki had an amendment on the February 5^th minutes.

  Motion by Commissioner Hamasaki to adopt with the amendment to the February 5^th minutes, second by Commissioner Elias.  Approved 5-0.

  CONSENT CALENDAR

• Approval to accept gift of $80.00 from members of the community to be donated to the Police Activities League

• Approval to accept donation of 70-80 cases of water from Hint Company to the San Francisco Police Department for use during the COVID 19 Pandemic.Valued at approximately $840 to $1440

• Approval to accept donation of 1,000 surgical masks from the Fibrogen Corporation for officers to utilize during the COVID 19 Pandemic.Valued at approximately $1,715

  PUBLIC COMMENT

  None

                  Motion by Commissioner Elias, second by Commissioner Hamasaki.  Approved 5-0.

  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

  -              Commission Inquiries (Provide a brief follow-up to inquiries made by Commissioners during previous meetings to include:  SB 1421 requests)

  -              Presentation of the Audit of Electronic Communication Devices for Bias, 1^st Quarter 2020

  -              Presentation of the Racial & Identity Profiling Advisory Board 2019 Annual Report and the 4^th Quarter 2019 and 1^st Quarter 2020 Reports in compliance with Administrative Code Chapter 96A

                  Chief Scott talked about a video that was posted on social media of the arrest of a man by San Francisco Police Department officers.  The Chief stated that (1) the Department is committed to a thorough investigation of the incident and (2) full transparency with the public and (3) a review of the policies and procedures to determine what gaps exist so that the Department can immediately address those gaps that exists in trainings and procedures in arrests and control protocols.  The Chief read a statement that was issued regarding this incident: 

  “On May 29, 2020, the San Francisco Police Department became aware of a video that was posted on social media that recorded a portion of a January 25, 2020 arrest of a man by SFPD officers on Atoll Circle.  The video on Instagram and Facebook depicts four officers restraining an individual who was being taken into custody for making criminal threats against his neighbor and for resisting a peace officer.  Several comments on the social media posts noted the similarity of a female officer’s hold on the arrestee to a restrain used by Minneapolis Police Officers that resulted in the in-custody death of Mr. George Floyd, on Monday, May 25, 2020.

                  Upon learning of the social media posts, I immediately ordered an administrative review of the incident including the social media video and associated body worn camera videos.  The San Francisco Police Department Internal Affairs Division is conducting that investigation.  Our San Francisco Police Department Training Division is also conducting a review of prone handcuffing techniques to determine if any changes or updates to training are warranted.

                  In addition, I immediately contacted the Executive Director of our San Francisco Department of Police Accountability and asked for an independent investigation by DPA of the arrest and the incident depicted in the video.

                  The body worn camera footage of that video have been posted on our San Francisco Police Department website, at least the portion that pertains to the arrest, and they have been release publicly.

                  In addition to the transparencies, there are a few things that are ongoing.  As Commission Vice President Taylor said, our current Department General Order 5.01 prohibits that use of a carotid hold or neck restraint hold.  We intend to immediately draft clarifying language that also clarifies that pressure to the neck and throat applied during physical control for personal body weapon is also prohibited.  That will come by way of a Department Bulletin that we intend to forward to the Police Commission for approval as that bulletin will amend General Order 5.01.

                  As far as transparency, our goal is to maximize accountability through transparency.  I’ve also, as I said, directed our Medial Relations Unit to post all five videos from the officers involved body worn cameras footage, and we’ve done that.   We also posted that Instagram video on our website as well so the public has a full perspective of all camera angles that we have in our possession.

                  As the Commission knows and the public may not know, this investigation is active and ongoing.  I cannot make a determination at this time as to how this investigation will conclude but I want to assure the public that our investigation will be thorough and that the independent investigation of the Department of Police Accountability also adds another layer of accountability.

                  I’d like to also ask the public anyone wishing to report information or evidence regarding this incident, they may call the San Francisco Police Department tip line at 1-415-575-4444 or text a tip to TIP411 and begin the text message with SFPD.  You may remain anonymous.  Anyone listening here tonight in our audience who wishes to contact and report information to the Department of Police Accountability, you may call 415-241-7711 between the hours of 8 a.m. and 5 a.m., Monday to Friday.  You may also file a DPA complaint online at htts://sfgov.org/dpa/.  That information is also posted on the San Francisco Police website.

                  And again, I’d like to tell the public, the San Francisco Police Department is concerned and very committed to transparency, to accountability and that accountability goes to me as the Chief of Police.  We have an independent Police Commission for that purpose, that is a civilian oversight body.  Our system is such there are several layers of accountability and we want the public to have confidence that those layers of accountability are effective and they work for the people of the City and County of San Francisco.”               

  Chief Scott then reported on crime trends:  part one crimes down 14  percent; property crimes down 14 percent; larceny & theft down 23 percent; auto burglaries down 28 percent; violent crimes down 12 percent; homicides 18 year to date, up 6  percent; rapes 85 year to date, down 48 percent;  robberies are down 6 percent; assaults are down 13  percent; human trafficking 9  year to date, down 40 percent.  Violent crimes, shooting down to 27  year to date,  27 percent reduction; homicide by use of firearm is up 22  percent.

  Chief Scott thanked all San Franciscans for their cooperation under unprecedented and trying times.  He reported on recent civil unrest which were peaceful for the most part but at night they became hostile and violent including looting and throwing of Molotov cocktails at Westfield Mall.  The Chief talked about the curfew implemented on Sunday at 8 p.m.  The city received mutual aid of 208 officers from around departments all around the state.  Arrest were made for curfew violations and looting:  5 percent Asians, 26 percent African American, 22 percent Hispanic, 37 percent White, 8 percent unknown.  Use of force during the civil unrest incidents:  35 uses of force:  19 ERIW deployment (bean bags); 14 for pointing of a firearm; 1 body control; 3 personal body weapon; 1 physical body takedown, 1 pepper spray.  Ethnicity of use of force:  0 percent Asians, 48 percent African American, 9 percent Hispanic, 18 percent White, 24 percent unknown; 11 females and the rest males.

  Chief Scott presented the SB 1421 update.

  Commander Rob O’Sullivan presented the 1^st Quarter Audit of Electronic Communication Devices for Bias.

  Deputy Chief Greg Yee presented the Family Code 6228 Report for the period of January 1, 2020 through March 31, 2020.

  Executive Director Catherine McGuire presented the Racial and Identity Profiling Advisory Board 2019 Annual Report and the 1^st Quarter & 2^nd Quarter Chapter 96A Reports.

  Chief Scott had to leave the meeting.  Commissioner Taylor suggesting to table this report for a later date.

  Director Henderson explained that the charts are coming directly from the RIPA report and the difficulty in looking at their data and suggested sitting down with Commissioner Elias with his audit team to go over what the standards are so that it is readable and have a clear conversation.

  b.            DPA Director’s Report

  -              Report on recent DPA activities, and announcements

                  Director Henderson gave an update on year-to-date stats:  Cases 322 opened cases and 423 closed cases year to date; 337 open cases and pending; 18 sustained cases; 35 cases beyond nine months, 15 tolled; 16 cases mediated. 

                  Director Henderson spoke of complaints received including the case on the Atoll Circle incident.

                  Director Henderson spoke of mediation and more information available online about the mediation process.  They are still working out the new website and adding more information as they go.

                  Director Henderson spoke of outreach and participating in numerous virtual communities, workshops to make sure the communities know that DPA is still actively engaged and connecting to a number of different communities including working with Opportunities for All Employer Engagement Workshops related to many of the internship programs related to public safety and public service.  They are also working with UCSF dealing with community organization leaders targeting black and brown communities addressing COVID and resources and communities affected by the stay at home order and how to reach out to city departments and city agencies to connect to services.  They also participated in an open virtual forum on educational equity.  They’ve also continued to distribute the “Know Your Rights” brochure in seven different languages at various stations throughout the city.

  Director Henderson also reported on the SB 1421 updates.

  Sarah Hawkins spoke of impact of COVID 19 on DPA investigations.  She stated that they are able to continue receiving complaints online and are able to do interviews through Zoom and are able to continue with their investigations.

  c.             Commission Reports

  -              Commission President’s Report

  -              Commissioners’ Reports                               

                  Commissioner Hamasaki thanked Commissioner Taylor in putting together statements and spoke, because of recent events, of how he feels that the Commission have failed in their mission and stated that he feels that the Commission have not done enough and stated that he and the commission have to do better.

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

                  Commissioner DeJesus asked for a budget presentation for next week to included how the Department will do the budget cuts.  She also asked that deaf and hard of hearing DGO go on the agenda as soon as possible for a vote.  She also asked for a report regarding excessive shooting and gunfire in the Bayview, Tenderloin, and Mission.  She also asked for an update on mug shots and asked for how the gang database is maintained.  She also asked for the DOJ’s criticism of the Commission and the staffing audit.  She asked for date certain for items she mentioned.

                  Commissioner Elias asked for an advanced copy of the agenda before it goes out on Friday.

                  Commissioner Elias added Dante King & Bias before the Commission and DPA’s role is in this audit.  She also would like DPA to report on bias training and investigative practices how DPA received bias complaints, how the staff handles bias complaints, how it’s tracked, how is it investigated, how staff recognize bias complaints. She also asked DGO 5.03 be agendized.

                  Commissioner Hamasaki asked for a discussion of the use of thin blue line masks.  He asked for the Mug shots DGO and the gang database presentation, how it’s maintained, how somebody gets on it, what the criteria is, and what criteria to be removed.  He also asked for hiring of officers with misconduct and the possibility to continue investigation of officers with misconduct after resignation.

                  Commissioner Brookter asked for a list of items to agendize and prioritize.

  PUBLIC COMMENT

                  Brian Cox, Public Defender’s Office, spoke of protests regarding the killing of black and brown people and spoke of SFPD bias.

                  Magick Altman spoke of concerns regarding curfew and spoke of concerns regarding Mayor Breed and the appointment of Nancy Tung.

                  Ann Wiley thankful for the Commission and DPA for their oversight and spoke of how protestors should not be harmed and that vulnerable groups should be released from jail and that knee on neck should be fast-tracked as reportable use of force.

                  Jay Lee asked where to find the list of 61 implemented reforms and asked what the SFPD bias testing consist of and are social media accounts reviewed for the Bias Audit.

                  Brad Edwards appreciate Commissioner Hamasaki wanting to agendize the Thin Blue Line mask matter and appreciate Commissioner Elias diving into data. 

  STATUS UPDATE ON DEPARTMENT GENERAL ORDER ON “INTERACTIONS WITH DEAF AND HARD OF HEARING INDIVIDUALS”

  Sergeant Youngblood announced that an ASL Interpreter is present.

                  Samara Marion presented the DPA’s Deaf & Hard of Hearing presentation.

                  Executive Director Catherine McGuire presented the Department’s Deaf & Hard of Hearing presentation.

                  Commissioner Taylor asked that this DGO be on the agenda for a vote on August 5^th.

                  Commissioner Hamasaki expressed his frustrations regarding the delays in the adoption of this DGO and requested that this item be on the agenda next week for a vote.

                  Director Henderson asked that it goes back on the agenda in July because of a DPA conflict in August.

                  Commissioner Taylor is fine with putting it back on in July.

                  Commissioner DeJesus stated that there are minor changes and that the DGO is ready to go.

                  Commissioner Elias stated that concurrence should have happened already and that the Department have had enough time to deal with this.

                  Executive Director Maguire explained the concurrence process which involves nine people.

                  Commissioner Taylor stated that she will set it for July 15^th.

                  Insp. Tony Flores spoke of how important this DGO is to him and explained how his daughter is deaf.  He stated that the working group did an amazing job and explained about his daughter’s contact with the officers and would like to get this passed for the safety of the community and the officers.

  PUBLIC COMMENT

                  Unidentified spoke of concerns of Commissioner Hamasaki and that he should resign from the Commission.

                  Jessica, Senior and Disability Action, thanked the Commission for looking at this DGO and asked that the Commission move this item along and asked to have ASL interpreter for the entire meeting.

                  Orchid, Office of Disability Council, thanked the working group for all that worked in this DGO and spoke of how misunderstanding can lead to the community being afraid and please enact the policy for people to feel safe.    

                  Sgt. Youngblood read public comments sent through email:

                  Nicole Bohn, SF Mayor’s Office on Disability, expressed how this DGO is of critical importance and encouraged the Commission to adopt this DGO as soon as possible.

                Melissa McNair, Office of District Attorney, wrote about a young woman’s arrest who happens to be deaf and how she was unable to communicate to the police and did not have access to an interpreter.

                Susan Gonzalez wrote of how she joined the committee in July 2018 and how it has taken two years to get here tonight and stated that there is minimal reference to the Deaf/Blind community or the Deaf Disabled/Deaf Plus community.

                Beverly Upton, SF Domestic Violence Consortium, thanked everyone involved with the DGO and talked about Melissa McNairs’ comment about a young deaf mom arrested for domestic violence, handcuffed where she couldn’t use her hands and stated that every day we don’t have this DGO deaf residents are at risks in San Francisco and that it should be implemented as soon as possible.

                Daisy Jimenez spoke of having two deaf adults that she is concerned about in the city and urged the Commission to pass this DGO.

                Commissioner DeJesus asked that when this DGO is back on the agenda to have it on top of the calendar.               

PUBLIC COMMENT

                Ruth Scott, public school teacher, spoke of her fear for the safety of her black and brown students at the hands of police and that police should not use force against protestors.

Zach, Public Defender’s Office, spoke of six reforms that the Department and Commission can make.

Sasha called to support demands made by SF United in Crisis and asked the Commission to adopt these demands.

Emailed Comments:

Izzy Ullman asked to implement the recommendations made by SF United in Crisis.

Hunter McFarland asked to stop using weapons of war against peaceful and non-peaceful demonstrators during a pandemic that attacks your respiratory system and asked to defund the police.

Lakisha Williams wrote about concerns in the current appointed Police Commission body and wrote of how commissioners are clearly driven by personal biases.

Kristen Lechkie wrote in support of the demands made by SF United in Crisis and force should not be used against protestors.

Maria Harmon wrote about one commissioner who should be ashamed of himself by making a statement regarding the thin blue line masks.

Deaf Hope spoke of how law enforcement officers use lethal force against deaf individuals for failure to comply with spoke commands and recommended implementing recommendations provided by the deaf community.

Kaitlin Roth wrote supporting demands of SF United in Crisis.

PUBLIC COMMENT ON ALL MATTERS PERTAINING TO CLOSED SESSION

                None

VOTE ON WHETHER TO HOLD CLOSED SESSION               

                Motion by Commissioner Elias, second by Commissioner Brookter.  Approved 5-0.

CLOSED SESSION (11:02 p.m. – 12:19 a.m.)

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: Discussion and possible action to accept or reject settlement agreement filed in Case No. ALW IAD 2019-0015, or take other action, if necessary (ACTION)

(Present:  Commissioners Taylor, DeJesus, Elias, Hamasaki, Brookter, Assistant Chief Moser, Deputy City Attorney Zarefsky, Deputy City Attorney Gupta, Sergeant Youngblood, Risa Tom, Attorney Worsham, Attorney Furst, member involved)

(These proceedings are taken in shorthand form by Ms. Paul Behmke, CSR., Behmke Reporting and Video Services.)

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: Discussion and possible action to adopt the Office of Administrative Hearings’ decision in disciplinary case no. IAD 2015-0338  (DISCUSSION & POSSIBLE ACTION)

(Present:  Commissioners Taylor, DeJesus, Elias, Hamasaki, Brookter, Assistant Chief Moser, Deputy City Attorney Zarefsky, Deputy City Attorney Gupta, Sergeant Youngblood, Risa Tom)

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: Assignment of a Commissioner for the taking of evidence in the following disciplinary cases:

                -              ALW IAD 2019-0104

                -              DPA 0164-16

                -              DPA 43112A, #0258-19

                -              DPA 42807, #0141-19

                -              DPA 0304-16 (Appeal of the Chief’s Suspension)

                -              IAD 2016-0167 (Appeal of Chief’s Suspension)

(Present:  Commissioners Taylor, DeJesus, Elias, Hamasaki, Brookter, Assistant Chief Moser, Deputy City Attorney Zarefsky, Deputy City Attorney Gupta, Sergeant Youngblood, Risa Tom)

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, Elias, Hamasaki, Brookter, Chief Scott, Assistant Chief Moser, Deputy City Attorney Zarefsky, Deputy City Attorney Gupta, Sergeant Youngblood, Risa Tom)

OPEN SESSION (12:19 a.m.)

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

                Motion by Commissioner DeJesus, second by Commissioner Elias for non- disclosure.  Approved 5-0.

PUBLIC COMMENT

                None

ADJOURNMENT

                Motion by Commissioner Taylor, second by Commissioner Elias to adjourn the meeting in honor of Mr. George Floyd and all those who lost their lives to racial injustice.  Approved 5-0.                               

                Thereafter, the meeting was adjourned at 12:30 p.m.