Police Commission - June 2, 2021 - Minutes

Meeting Date:

June 2, 2021 - 5:30pm

Location:

Related Meeting Content:

Agenda Supporting Documents

JUNE 2, 2021 REMOTE MEETING VIA VIDEOCONFERENCE

The Police Commission of the City and County of San Francisco met via videoconference at 5:40 p.m.

PRESENT: Commissioners Cohen, Elias, Brookter, Hamasaki, Yee, Byrne

(Commissioner Hamasaki joined the meeting at 5:43 p.m.)

GENERAL PUBLIC COMMENT

Francisco Dacosta stated the commissioners should read the Brown Act and stated the commissioners should not disrespect the community and spoke of how City Hall has become corrupted .

Kit Hodge spoke of SFPD’s 96A presentation and stated that San Francisco is in the top 5 for anti-black disparities and stated that SFPD is not getting better and spoke of how SFPD failed to complete the April 30^th deadline set by the DOJ.

Caitlyn spoke of SFPD’s presentation and spoke of how SFPD is not improving and demanded stats in arrest are provided every week and that all 272 reform recommendations be completed.

Ms. Paulette Brown spoke in regard to her son’s murder and how his case is still not solved even though the Department has all the names of the perpetrators and why no one is still under arrest. She asked that something be done to get her son’s case close and so that she can have closure.

Brian Cox spoke of his disappointment of the agenda and items on closed session agenda is not discussed in public.

ADOPTION OF MINUTES

For the meetings of April 7, 14, & 21, 2021

PUBLIC COMMENT

                None

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

AYES:     Commissioners Hamasaki, Brookter, Yee, Byrne, Elias, Cohen

       RECUSED:    Commissioner Byrne

REPORTS TO THE COMMISSION

Chief’s Request

-              Weekly crime trends

-              Major/Significant Incidents

                Chief Scott reported on two officers injured over the Memorial Day weekend. Today, there were four officers injured in a traffic collision. The Chief stated that there are no serious, life-threatening injuries. The Chief stated that the officer who was assaulted in the Central is doing well and thanked the Commissioners who reached out to the officers. The individual who assaulted the officer in Central was arrested and that the DA’s office is filing charges against the individual for the assault.

                Chief Scott reported on crime trends: Part 1 Violent Crimes: Homicide, even; rape, down 31 percent; robbery, down 14 percent; assault, up 3 percent. Part 1 Property crimes: burglary, up 13 percent; motor vehicle, up 10 percent; arson, up 22 percent, larceny, down 20 percent; gun violence, up 211 percent.

                There were four shooting incidents causing injuries to five individuals. A shooting on the 100 block of Hyde in the Tenderloin where officers located a victim with a single gunshot wound in the lower extremity. The Chief stated that the prior case may be related to an assault that happened earlier at Turk and Leavenworth involving a large group of people. Another shooting on Leavenworth on May 24^th at 3 a.m., where an argument that turned into gun violence. In the Bayview, a shooting on May 25^th, at 9:24 a.m., at Ingalls and Carol, victim shot while sitting in his vehicle in traffic. May 30^th, 22^nd and Folsom, at 4:48 p.m., a group of dirt bike riders got into an argument with a person in a silver Mercedes, one of dirt bike riders shot at the Mercedes, victims in the vehicle are in stable conditions.

                Strategies: In the Bayview, robberies along San Bruno Avenue, the department is working on robbery enforcement strategies using uniformed officers for visibility to deter and identify suspects. Ingleside, addressing issues in high traffic corridors with uniformed patrol and foot beat officers to conduct passing calls to maintain high visibility as a prevention technique. Some locations, uniformed officers are hired through the 10B program assigned along Mission Street. Housing officers on foot, solo officers, and Hondas to engage district housing residents. Tenderloin, increased deployment and visibility and working with Public Health to address issues though their intervention and clinician so that officers can stay out in the field and be visible and present. Richmond, fixed post on Clement Street from Arguello to 10^th Avenue in response to burglaries and concerns by the merchants and also midnight shifts deployed in the same area for burglary prevention. Golden Gate Park increased presence because of increased car break-ins in the Park and in the Legion of Honor.

                Gun Seizures: Ghost guns: 57 recovered YTD and that 80 percent of ghost guns recovered were used in crimes.

                AAPI crimes: Two this past week. One is a hate based incident on the 1500 block of Lombard Street. Victim, a hotel worker, requested the subject to leave the premises due to complaints from hotel patrons. The subject got upset and told the victim, “I have a gun. I’ll shoot you,” and yelled racial slurs at the victim. Subject also grabbed victim’s cell phone then fled; home invasion at 1800 block of Oakdale where three subjects entered the residence by using a stolen garage door opener taken from an auto burglary and robbed a 68-year-old victim by gunpoint at his residence; attempted robbery at 24^th and Sanchez, where victim was taking out garbage when a vehicle pulled up, passenger got out and pulled the victim toward the car, pointed gun at victim and was told to “take it off.” Victim believed subject was referring to his gold watch. Victim broke free, suspect pulled him back to the car, fell to the ground, a struggle ensued and the victim’s daughter ran to assist and both subjects fled in their vehicle; Mental health related incident at Bush and Sutter Streets where subject scaled a scaffolding platform at the rear of Golden Gate Institute, entered a classroom and was in possession of a knife. Incident was resolved without anyone getting hurt. Hot prowl barricaded incident at the 100 block of Yukon in the Mission, victim saw the subject sitting on the porch and heard the front door being pried open. Victim confronted the subject who was holding a sickle, and said, “I’m going f-ing kill you.” The subject then fled and was located standing on the top of a roof in the 100 block of Yukon Street. CIT trained officers spoke with the subject and situation was resolved without injury.

                Community events: Hike with 16 3^rd graders; 20 middle schoolers hiked at McLaren Park; on Saturday, June 5^th, Rotary Club is holding a build a bike event with 130 kids expected to take part and officers will be assisting to build bikes and to talk about bike safety.

DPA Director’s Report

-              Report on recent DPA activities, and announcements

-              Presentation of the April 2021 Monthly Statistical Report

                Director Henderson reported on new cases opened: 35 cases received; 26 percent involved officers who spoke or behaved inappropriately; 14 percent include referrals to other agencies; 11 percent involved officers who failed to properly investigate; and 9 percent failed to take required action.

                Director Henderson gave an update on year-to-date stats: 336 cases opened cases and closed 405 cases year to date; 299 pending cases; 26 cases sustained; 22 cases past 270 days; 15 cases mediated; 27 cases pending with the Chief; 14 cases pending with the Commission.

Outreach: Can be found on community calendar on the DPA’s website and posted on Tweeter, Facebook, Instagram and on DHR’s website: May 20^th, Mega Black meeting talked about city budget and strategies specifically to racial justice; May 26^th, DPA hosted its first AAPI History Celebration; May 27^th, Mega Black meeting focused on SF mental health education; May 27^th, Director Henderson spoke at the Google Legal Summer Institute and on the same date, Tinetta Thompson gave a presentation to the Women’s Connection for Justice and talked about ways to get involve and support police reform and accountability.

Commission Reports

-              Commission President’s Report

-              Commissioners’ Reports

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

                Commissioner Byrne met with Captain Chris Canning, Tenderloin, three weeks ago and again on Friday on the issue of open drug dealing on Golden Gate Avenue and stated that the Mayor has made an announcement and that there is now more police presence and stated that he was in the Tenderloin today and that there was a pronounce difference and will go back to take another look and to meet with Captain Canning.

                Commissioner Brookter commended Tinnetta Thompson for reaching out and stated that he will be part of DPA’s Internship Program Speaker Series and thanked them for reaching out.

                Commissioner Cohen reported that she has been working and in touch with the office of the Attorney General Ron Bonta for his presentation to the Commission scheduled. She also spoke of having DA Boudin to attend the meeting once a month to allow the public to ask questions for two minutes each.

PUBLIC COMMENT

                Francisco Dacosta spoke of how public comment is important and that two minutes should be increased to five minutes and spoke of the PERF report and that there should be a meeting on the PERF report and spoke of how the quality of life in San Francisco is compromised and that the military is needed to step in.

                Ms. Paulette Brown spoke of arrests in homicides and spoke of how Paris Moffett, one of the perpetrators in her son’s case, has been picked up again with a gun and what is being done about that. She stated that this man have served 10 years in prison and is picked up again and spoke of how this man is driving around the city with a gun in his car.

PRESENTATION OF THE QUARTERLY REPORT IN COMPLIANCE WITH ADMINISTRATIVE CODE CHAPTER 96A

                Chief Scott and Executive Director Catherine Maguire presented the “Solutions to Disparities in Policing” presentation. This presentation is a framework on how the Department can get better in terms of providing service.

PUBLIC COMMENT

                Francisco Dacosta discussed concerns about the discussion and the commission beating around the bush and reminded the commission that they are policy makers representing the public and spoke of quality of life in San Francisco has gone down the drain.

                Gloria Barry discussed concerns on what has to be done to in the racial disparities in arrests and to send out the message through discipline.

DISCUSSION AND POSSIBLE ACTION TO ADOPT A RESOLUTION URGING THE BOARD OF SUPERVISORS TO AUTHROIZE THE CHIEF OF POLICE TO ACCEPT AND EXPEND A GRANT IN THE AMOUNT OF $1,161,830 FROM THE DEPARTMENT OF HOMELAND SECURITY FEDERAL EMERGENCY MANAGEMENT AGENCY (DHS/FEMA) TO UPGRADE EXISTING 3D SONAL SYSTEM, PURCHASE A VESSEL MOUNTED THERMAL CAMERA SYSTEM, SEND MEMBERS TO ADVANCE UNDERWARTER ROV OPERATIONS TRAINING, REFURBISH AND PERFORM DECK SAFETY UPGRADES ON EXISTING RESPOSNE VESSEL, AND PURCHASE A RESPONSE VESSEL FOR THE PERIOD OF SEPTEMBER 1, 2020 AND ENDING ON AUGUST 31, 2023 AND WAIVING INDIRECT COSTS

                Motion by Commissioner Brookter, second by Commission Yee. Approved 6-0.

PUBLIC COMMENT

                None

                AYES:     Commissioners Hamasaki, Brookter, Yee, Byrne, Elias, Cohen

RESOLUTION NO. 21-49

APPROVAL TO ADOPT A RESOLUTION URGING THE BOARD OF SUPERVISORS TO AUTHORIZE THE CHIEF OF POLICE TO ACCEPT AND EXPEND A GRANT IN THE AMOUNT OF $1,161,830 FROM THE DEPARTMENT OF HOMELAND SECURITY FEDERAL EMERGENCY MANAGEMENT AGENCY (DHS/FEMA) TO UPGRADE EXISTING 3D SONAR SYSTEM, PURCHASE A VESSEL MOUNTED THERMAL CAMERA SYSTEM, SEND MEMBERS TO ADVANCE UNDERWATER ROV OPERATIONS TRAINING, REFURBISH AND PERFORM DECK SAFETY UPGRADES ON EXISTING RESPONSE VESSEL, AND PURCHASE A RESPONS VESSEL FOR THE PERIOD OF SEPTEMBER 1, 2020 AND ENDING ON AUGUST 31, 2023, AND WAIVING INDIRECT COSTS

RESOLVED, that the Police Commission hereby urge the Board of Supervisors to authorize the Chief of Police to accept and expend a grant in the amount of $1,161,830 from the Department of Homeland Security Federal Emergency Management Agency (DHS/FEMA) to upgrade existing 3D Sonar System, purchase a Vessel Mounted thermal Camera System, send members to Advance Underwater ROV Operations Training, refurbish and perform deck safety upgrades on existing response vessel, and purchase a response vessel for the period of September 1, 2020 and ending on August 31, 2023 and waiving indirect costs.

AYES:                     Commissioners Cohen, Elias, Brookter, Hamasaki, Yee, Byrne

DISCUSSION AND POSSIBLE ACTION TO ADOPT A RESOLUTION URGING THE BOARD OF SUPERVISORS TO AUTHORIZE THE CHIEF OF POLICE TO ACCEPT AND EXPEND A GRANT IN THE AMOUNT OF $61,437 FROM THE CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES (CAL OES) FOR THE CRIMINOLOGY LABORATORY FOR THE PROJECT PERIOD BEGINNING ON JANUARY 1, 2021 AND ENDING ON DECEMBER 31, 2021

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

PUBLIC COMMENT

                None

                AYES:     Commissioners Hamasaki, Brookter, Yee, Byrne, Elias, Cohen

RESOLUTION NO. 21-50

APPROVAL TO ADOPT A RESOLUTION URGING THE BOARD OF SUPERVISORS TO AUTHORIZE THE CHIEF OF POLICE TO ACCEPT AND EXPEND A GRANT IN THE AMOUNT OF $61,437 FROM THE CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES (Cal OES) FOR THE CRIMINOLOGY LABORATORY FOR THE PROJECT PERIOD BEGINNING ON JANAURY 1, 2021 AND ENDING ON DECEMBER 31, 2021

RESOLVED, that the Police Commission hereby urge the Board of Supervisors to authorize the Chief of Police to accept and expend a grant in the amount $61,437 from the California Governor’s Office of Emergency Services (Cal OES) for the Criminology Laboratory for the project period beginning on January 1, 2021 and ending on December 31, 2021

AYES:                     Commissioners Cohen, Elias, Brookter, Hamasaki, Yee, Byrne

PUBLIC COMMENT ON ALL MATTERS PERTAINING TO CLOSED SESSION

                None

VOTE ON WHETHER TO HOLD CLOSED SESSION

                Motion by Commissioner Hamasaki, second by Commissioner Brookter, to go into Closed Session. Approved 6-0.

AYES:     Commissioners Hamasaki, Brookter, Yee, Byrne, Elias, Cohen

CLOSED SESSION (8:48 p.m. - 9:54 p.m.)

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):

Sean Moore v. City and County of San Francisco, et. al., Case No. 3:18-cv-00634-SI, January 29, 2018

(Present: Commissioners Cohen, Elias, Brookter, Hamasaki, Yee, Byrne, Chief Scott, Deputy City Attorney Cabrera, Deputy City Attorney Porianda, Sergeant Youngblood, Sergeant Reynolds, Risa Tom)

PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Chief of Police

Pursuant to Government Code Section 45947(b)(1) and San Francisco Administrative Code Section 67.10(b) and Penal Code Section 832.7: Review of findings and Chief’s decision to return or not return officers to duty following officer-involved shooting (OIS 21-001)

(Present: Commissioners Cohen, Elias, Brookter, Hamasaki, Yee, Byrne, Chief Scott, Deputy City Attorney Cabrera, Deputy City Attorney Porianda, Sergeant Youngblood, Sergeant Reynolds, Risa Tom, Sergeant Tacchini)