Police Commission - August 12, 2020 - Minutes
The Police Commission of the City and County of San Francisco met via videoconference at 5:47 p.m.
PRESENT: Commissioners Taylor, DeJesus, Elias, Brookter, Hamasaki
ADOPTION OF MINUTES
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For the meetings of July 1, 8, & 15, 2020
Motion by Commissioner Elias, second by Commissioner Hamasaki. Approved 5-0
PUBLIC COMMENT
Mimi Klausner spoke regarding combining items into one agenda items.
CONSENT CALENDAR
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Request for approval to accept donation of 244 backpacks, from the Sparkle Foundation , to be distributed to community-based organizations B-Magic and Mo-Magic, valued at $2440.00
Public Comment
None
Motion by Commissioner DeJesus, second by Commissioner Brookter. Approved 5-0
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DPA/SFPD Document Protocol Quarterly Report, 2nd Quarter 2020
Taken off calendar
RESOLUTION NO. 20-46
APPROVAL OF THE REQUEST OF THE CHIEF OF POLICE TO ACCEPT DONATION OF 244 BACKPACKS, FROM THE SPARKLE FOUNDATION, TO BE DISTRIBUTED TO COMMUNITY-BASED ORGANIZATIONS B-MAGIC AND MO-MAGIC, VALUED AT $2440.00
RESOLVED, that the Police Commission hereby approves the request of the Chief of Police to accept 244 backpacks, from the Sparkle Foundation, to be distributed to community-based organizations B-Magic and Mo-Magic, valued at $2440.00.
AYES: Commissioners Taylor, DeJesus, Elias, Hamasaki, Brookter
REPORTS TO THE COMMISSION
a. Chief’s Request
- Weekly crime trends
- Major/Significant Incidents
- Update on Resolution 20-44, Expressing support for Black lives
- Presentation of the Family Code 6228 Quarterly Report, April 1, 2020 – June 30, 2020
- Presentation of the Department’s Collection and Analysis of Sexual Assault Kit Evidence and Reporting of Results to Sexual Assault Victims Report, per Commission Resolution 16-28, adopted April 20, 2016
- Presentation of the Limited English Proficiency Annual Report, 2019
Chief Scott reported on crime trends: Part 1 crimes: down 19 percent; violent crimes down 18 percent; homicide up 13 percent; gun violence: down 4 percent; property crimes down 19 percent; auto burglary down 43 percent. Significant incidents: The Chief spoke of the case of Aubrey Abrakasa and spoke of talking to Ms. Paulette Brown, Aubrey’s mother, and spoke of a memorial on August 14th which marks the anniversary of Aubrey’s death. The Department and Ms. Brown asks for the public’s help for information leading to the arrest of the suspects. The Chief reported on homicides that occurred on August 10th at the 1900 block of Sunnydale and on August 11th at the UCSF Parnassus Campus. The Chief spoke of a shooting on the 1300 block of Potrero on August 7th. The Chief talked about an aggravated assault on August 7th in the Tenderloin District.
The Chief gave a brief update on Resolution 20-44, Expressing support for Black lives and showed a short video showing the Black lives matter poster. The Chief read the following into the record:
“Black lives matter
To the San Francisco Police Department
Prologue: Reaffirmation of our Values
As our Nation and our City grapple with the reality of social and racial injustices
Facing our communities of color and specifically the past and recent deaths of
Black people resulting from police interactions, The San Francisco Police
Department reaffirms its strategic statement and our values to the Black
Community that we stand for “Safety with Respect” for all.
Our strategy statement and our values are anchored on the following tenets:
We engage in just, transparent, unbiased and responsive policing; do so in
The spirit of dignity and in collaboration with the community; and we will maintain
And build trust and respect as the guardian of constitutional and human rights.
When any member of the San Francisco Police Department or Police Commission
Is asked the question “Do Black lives matter to the San Francisco
Police Department or Police Commission?” the answer is definitively and
Resounding – YES!
Answering Yes is not enough, however. It’s important to the members of the San
Francisco Police Department that you know why Black lives matter to us.
The following is our “Why” from every corner of the SFPD:
SFPD Command Staff
We are committed to respect, dignity, equity, inclusion, and healing.
Special Operations Bureau
Black lives matter because the sanctity of human life, equity, and marginalized voices matter to us.
Investigations Bureau
Black lives matter to us means seeking peace and justice for victims, affected families, and the community.
Strategic Management Bureau
Some policing history has undermined trust, but will not set the standard for the future. Shared humanity and transparency builds trust. We are all in this together.
Airport Bureau
Since 1619 the value of Black lives has been at the epicenter of our challenges as a nation. Caring for Black lives is not a movement but rather a way of existing that should permeate every aspect of being an American.
Field Operations Bureau
Central District Station
We celebrate diversity and value voices of change.
Southern District Station
Actively seeking justice and equality for Black lives gives us as police the opportunity to fully live up to our oath and achieve true nobility.
Bayview District Station
We, the officers of Bayview Station, choose to be so assigned to serve a community that has been historically underserved and discriminated against. Black lives here always mattered to us, and we will continue to guard Bayview residents in partnership and with pride.
Mission District Station
Black lives matter, to us, means there is an expectation of equality in all aspects of American life such as education, health care, employment and the application of the law.
Northern District Station
We reaffirm our oath and duty to respect the sanctity of Black lives, to continue our long practice of impartial and unbiased policing with procedural justice while recognizing the impact of policing on Black communities.
Park District Station
Black lives matter to us at Park Station because we want to be a part of bettering our society and institutions by overcoming systemic racism and racial inequality, in all of our interactions as well as in society and all of its institutions.
Richmond District Station
There has been systematic oppression for so long that it is time for a change. Equality is required by all and for all.
Ingleside District Station
We have seen hate in very form, we have seen racism, we have seen oppression. We are here to fight for justice for all who have been victims associated with this kind of motivation. Black lives matter to us in our city. We represented each culture and diversity. We value Black lives among all the lives. We are stronger with Black lives among all lives, and we stand against racism.
Taraval District Station
Taraval Station hears the call for a practice of racial equity from the police, and is committed to unbiased and fair policing.
Tenderloin District Station
Black lives matter to the officers at Tenderloin Station because we believe all of us, regardless of race, are brothers and sisters. Racism in any form will never be tolerated within our ranks.
Epilogue:
As eloquently stated by our Nation’s 44th President, Barack Obama, “I know that there’s some who have criticized even the phrase ‘Black Lives Matter’ as if the notion is as if other lives don’t matter. We get ‘All Lives Matter’ or ‘Blue Lives Matter.’ I understand the point they’re trying to make. I think it’s also important to understand that the phrase ‘Black lives matter’ simply refers to the notion that there’s a specific vulnerability for African-Americans that needs to be addressed.”
Through our comprehensive and self-initiated Collaborative Reform Initiative one of our priorities is to address those vulnerabilities as well as address long standing disparities associated with policing in Black communities. To learn more about The San Francisco Police Department Collaborative Reform Initiative and about our progress in addressing these issues, please go to our website: San FranciscoPolice.org/reform”
Deputy Chief Greg Yee presented the Family Code 6228 Quarterly Report.
Commander Raj Vaswani presented the report regarding sexual assault evidence kits.
Commander Darryl Fong presented the Limited English Proficiency Report, 2019.
b. DPA Director’s Report
- Report on recent DPA activities, and announcements
- Presentation of DPA’s Annual Language Access Report
Deputy Director Sarah Hawkins presented the DPA’s Annual Language Access Report
Chief of Staff Sarah Hawkins gave an update on year-to-date stats: 516 cases opened cases and 570 closed cases year to date; 382 open cases; 24 sustained cases; 33 cases beyond 270 days; 25 cases mediated. She talked about budget. She went on to talk about outreach: Opportunities for All Virtual Job Fair, DPA Virtual Information Topics. She talked about updates to the DPA’s website including updates on the mediation page, creating an audit, review, and analysis page under the report tab, updated policy page for easier access. She talked about the DPA’s SB 1421 portal for cases released: 7 OIS cases released, 19 GBI cases, 14 cases pending in dishonest category, and 0 cases in sexual assault category.
c. Commission Reports
- Commission President’s Report
- Commissioners’ Reports
Commissioner Brookter spoke of having a discussion with the DPA interns on work around reform and thanked Tinnetta Thompson and the interns.
d. Commission announcements and scheduling of items identified for consideration at future Commission Meetings.
Commissioner Elias asked that the POA contract be placed on the agenda.
PUBLIC COMMENT
Angela Jenkins commented on the Black lives matter posters and commended the Chief and the Commission and spoke of lack of BLM movement history.
Beverly Upton spoke of being part of the Language Access program and spoke of taking complaints seriously and spoke of how language access continues to be a barrier for domestic violence and assault victims.
Unidentified spoke of the Commission need to stop direct energy weapons that the police are using and spoke of how the Black lives matters posters doesn’t mean anything if they are asked to put it up.
John Crew thanked Commissioner Brookter and Chief Scott for the execution the Black lives matter posters. He went on to talk about POA contract discussions and how this is not discussed by the Commission and should be agendized by the Commission.
DISCUSSION AND POSSIBLE ACTION TO ADOPT REVISED DEPARTMENT GENERAL ORDER 5.17, “BIAS-FREE POLICING”
Commissioner Taylor gave a brief history of DGO 5.17 went through the changes made after meet-and-confer.
Motion by Commissioner Hamasaki, second by Commissioner DeJesus to adopt DGO 5.17 as revised. Approved 5-0.
AYES: Commissioners DeJesus, Hamasaki, Elias, Brookter, Taylor
PUBLIC COMMENT
John Crew spoke of how messed up the process has been and why this have to go into meet-and-confer.
Angela Jenkins spoke of how pleased she is to see this DGO on the agenda and spoke of bias by proxy and asked that the Commission adopt this policy.
Rebecca Young urged the Commission to adopt this policy because this new policy is easier to understand and comprehensive that includes bias by proxy. She went on to thank Chief Scott and Commander Ewins for their help with the working group.
RESOLUTION 20-47
ADOPTION OF REVISED DEPARTMENT GENERAL ORDER 5.17,”BIAS-FREE POLICING”
RESOLVED, that the Police Commission hereby approves to adopt attached draft dated July 23, 2020, of Department General Order 5.17, “Bias-Free Policing.”
AYES: Commissioners Taylor, DeJesus, Elias, Brookter, Hamasaki
PUBLIC COMMENT
None
PUBLIC COMMENT ON ALL MATTERS PERTAINING TO CLOSED SESSION
John Crew spoke of items in closed session and spoke of exceptions under the Brown Act.
VOTE ON WHETHER TO HOLD CLOSED SESSION
Motion by Commissioner Brookter, second by Commissioner Elias to go into Closed Session. Approved 5-0.
CLOSED SESSION (7:35 p.m. – 9:57 p.m.)
CONFERENCE WITH NEGOTIATOR-COLLECTIVE BARGAINING
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Pursuant to Government Code Section 54957.6:
City Negotiator: LaWanna Preston, SFPD Labor Relations Director
Organization representing Police Officers: SF Police Officers Association
Anticipated Issues Under Negotiation: Disciplinary Penalty & Referral Guidelines
(Present: Commissioners Taylor, DeJesus, Elias, Hamasaki, Brookter, Chief Scott, Deputy Chief Yee, Deputy City Attorney Cabrera, Sergeant Youngblood, Risa Tom, Phillip Lohaus, Director LaWanna Preston, Deputy City Attorney Yank
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:
Hearing to sustain or not sustain disciplinary charges filed in Case No. IAD 2018-0203, discussion and action to decide penalty, if necessary, or take other action, if necessary
(Present: Commissioners Taylor, DeJesus, Elias, Hamasaki, Brookter, Chief Scott, Deputy Chief Yee, Deputy City Attorney Gupta, Sergeant Youngblood, Risa Tom, Attorney Betz, Attorney Fox, member involved)
(Taken in shorthand form by Ms. Paula Behmke, CSR., Behmke Reporting & 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 OAH decision in disciplinary case no. IAD 2015-0338
(Present: Commissioners Taylor, DeJesus, Elias, Hamasaki, Brookter, Chief Scott, Deputy Chief Yee, 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 disciplinary charges filed in Case No. IAD 2019-0154
(Present: Commissioners Taylor, DeJesus, Elias, Hamasaki, Brookter, Chief Scott, Deputy Chief Yee, 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:
Discussion and possible action to take off calendar the following disciplinary cases:
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ALW 2018-0212Member retired effective close of business January 25, 2020
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DPA 0213-18 Member retired effective close of business June 29, 2020
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ALW IAD 2019-0015 Member retired effective close of business July 1, 2020
(Present: Commissioners Taylor, DeJesus, Elias, Hamasaki, Brookter, Chief Scott, 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, Sergeant Youngblood, Risa Tom)
OPEN SESSION (9:57 p.m.)
VOTE TO ELECT WHETHER TO DISCLOSE ANY OR ALL DISCUSSIONS HELD IN CLOSED SESSION
Motion by Commissioner DeJesus, second by Commissioner Brookter for non-disclosure. Approved 5-0
PUBLIC COMMENT
None
ADJOURNMENT
Motion by Commissioner Brookter second by Commissioner Elias to adjourn. Approved 5-0.
Thereafter, the meeting was adjourned at 10:00 p.m.
