Police Commission - July 7, 2021 - Minutes

Meeting Date: 
July 7, 2021 - 5:30pm
Location: 

JULY 7, 2021                                                                       REMOTE MEETING VIA VIDEOCONFERENCE

                The Police Commission of the City and County of San Francisco met via videoconference at 5:38 p.m.

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

ABSENT:               Commissioner Brookter

GENERAL PUBLIC COMMENT

                Keith Lam spoke of his SFPD case and spoke that the incident happened almost a month ago and still no arrest is made and stated that many people are wondering why the suspect is still not arrested for stealing signatures of Asian Americans.

                Barry Toronto, taxi driver, spoke of the Hilton Hotel hiring an officer on 10B status and complained of the officer parking his vehicle on the cab stand and that he did not have to park in the cab stand as there are plenty of white zone to park and asked the Commission to have a joint meeting with MTA to talk about traffic enforcement.

                Dale, CUBE, Coalition United for Black Enterprise, thanked Chief Scott and the SFPOA for supporting and donating to their cause and thanked the Commission for their oversight of the Department.

                Ms. Paulette Brown called on behalf of her son who was murdered and that his case is still unsolved to bring awareness to unsolved homicides and that it’s been 15 years and asked the Commission to come out and support mothers and fathers like herself, on Grove Street, on August 14th.

                Yulanda Williams, OFJ President, announced that history has been made in the Department and stated that the sergeant examination revealed that the top 3 candidates are Black officers and thanked the Commission for their support in changing the format of the examination.        

REPORTS TO THE COMMISSION

Chief’s Request

-              Weekly crime trends

-              Major/Significant Incidents                

                Chief  Scott reported that the past weekend was peaceful as compared to last year’s holiday weekend.  Violent crimes:  Down 5 percent; homicides up 9 percent; rape down 20 percent; robbery down 12 percent; assault up 5 percent; property crimes, up 5 percent.  Property crimes:  Burglary, up 4 percent; auto burglary, up 1 percent; arson, up 15 percent.  Gun related crimes: Up 105 percent; 94 incidents YTD resulting in 119 victims.

                Strategies:  Gun violence strategy consist of the Crime Gun Investigation or Intelligence Center focusing on serial shooters, guns linked to multiple shootings, and people that invests in those guns.  Foot beat deployment in tourist areas including Fisherman’s Wharf, Lombard Street, and North Beach and  foot beats in the Union Square area.  Bayview,  foot beats are running seven days a week on 3rd Street from the South to McKinnon, 3rd Street to Williams, San Bruno Avenue from Silver to Dwight; 3rd Street from 20th Street to Indiana; Ingleside, foot beats on Geneva & Mission, Courtland and Leland Avenue; Mission, foot beats in the Castro, 24th Street corridor, 15th and Mission; Tenderloin, vibrancy plan continues and have seized 11 kilograms of Fentanyl YTD,  over 300 arrests on drug sellers and confiscated over $122,000 in cash.

                Ghost guns: 91 confiscated YTD; firearm seized 521.

                Significant incidents:  Hate crime on 22nd and Tennessee, Black male victim was attacked by five White males who yelled out racial epithets; side show activities in the Ingleside and Mission, 8 cars impounded, 6 people cited who are mostly from outside San Francisco.  There were over 200 cars involved in this incident.  The Chief then talked about the Neiman Marcus incident where seven individuals ran out of the store with $43,000 high end purses.  The Chief stated that the Department have leads and hope to identify the suspects.  This is not an isolated incident and that they are connected to other cities.  July 4th, safe weekend in terms of shootings, officers responded to over 250 calls of illegal fireworks and confiscated over 500 pounds of illegal fireworks.  The Chief also announced that Commander Teresa Ewins was chosen to be Chief of Police in Lincoln, Nebraska, and wish her well on her new chapter of policing career and thanked her for what she’s done for the City of San Francisco.

DPA Director’s Report

-              Report on recent DPA activities, and announcements               

                Director Henderson reported:  In May, 68 new cases with a total of 171 allegations:  40 percent spoke or behaved inappropriately; 19 percent failed to take required action; 13 percent outside of DPA’s jurisdiction; 7 percent failure to write a report; 7 percent engaged in bias policing; 6 percent unnecessary or excessive force; 3 percent misrepresenting the truth; 3 percent violation of department rule; 1 percent BWC violation.  YTD 2021:  396 cases opened, 472 cases closed, 292 cases pending; 28 cases sustained; 21 cases past 270 days; 20 cases mediated.

Outreach:  Can be found on  community calendar on the DPA’s website and posted on Tweeter, Facebook, Instagram and on DHR’s website.  June 23rd, Stakeholder’s event with the Office of Transgender Initiative and with DHR about working with DPA;  In June, started speaker series with Interns.

Commission Reports

-              Commission President’s Report

-              Commissioners’ Reports

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

                Commissioner Byrne reported that he went to UN Plaza and stated that he was pleasantly surprised by the reception from the local people for the two officers that he walked with.  He also talked about seeing children playing on Golden Gate Avenue between Leavenworth and Jones Street.  He talked about drug activities on Golden Gate Avenue between Larkin and Leavenworth and between Turk and Hyde.  He stated that police presence is very important and that they can use more officers.

                Commissioner Elias asked to agendize a discussion on clearance rate and increased crime trends and possible solutions to improving the clearance rate and decreasing some of the categories in which crimes have risen.  Commissioner Elias will reach out to the Chief to see if there are other people that needs to be part of the conversation.

PUBLIC COMMENT

                Yulanda Williams spoke of staffing and how the department is 400 officers down and stated that we need to find out why officers are being released from the academy and that there should be a policy to try and keep personnel in the department.   

DISCUSSION AND POSSIBLE ACTION TO APPROVE THE REQUEST OF THE CHIEF OF POLICE TO ACCEPT FURNITURE DONATION FROM MADRONE TO BE USED TO ENHANCE WAITING AREAS AND MEETING SPACES THROUGHOUT THE DEPARTMENT

                Director Patrick Leung, CFO, presented the request to accept the furniture donation from Madrone.               

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

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

ABSENT:               Commissioner Brookter               

PUBLIC COMMENT

                None

RESOLUTION NO. 21-61

APPROVAL OF THE REQUEST OF THE CHIEF OF POLICE TO ACCEPT FURNITURE DONATION FROM MADRONE TO BE USED TO ENHANCE WAITING AREAS AND MEETING SPACES THROUGHOUT THE DEPARTMENT    

                RESOLVED, that the Police Commission hereby approves the request of the Chief of Police to accept furniture donation from Madrone to be used to enhance waiting areas and meeting spaces throughout the Department.

                AYES:     Commissioners Cohen, Elias, Hamasaki, Lee, Byrne

         ABSENT:     Commissioner Brookter

DISCUSSION AND POSSIBLE ACTION TO APPROVE ISSUANCE OF DEPARTMENT BULLETIN 20-166, “SECONDARY FIREARMS”  MEET AND CONFER DRAFT WAS APPROVED BY THE COMMISSION ON MARCH 3, 2021

                Director Lawana Preston presented the bulletin for Secondary Firearm and stated that there were no changes to the policy and language remains the same.

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

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

ABSENT:               Commissioner Brookter

PUBLIC COMMENT

                None

RESOLUTION 21-62

APPROVAL TO ISSUE DEPARTMENT BULLETIN 20-166, “SECONDARY FIREARMS ” FOR PROCEDURAL CHANGES TO DGO 10.02(I)(F)(4)(a-c)                   

                RESOLVED, that the Police Commission hereby approves the issuance of Department Bulletin 20-166, “Secondary Firearms” for procedural changes to DGO 10.02(I)(F)(4)(a-c).

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

         ABSENT:     Commissioner Brookter

PRESENTATION OF THE FIREARM DISCHARGE REVIEW BOARD & IN-CUSTODY DEATH REVIEW BOARD, 2ND QUARTER 2021 REPORT

                Deputy Chief Greg Yee presented the FDRB & In-Custody Death Review Board, 2nd Quarter 2021 Report.

PUBLIC COMMENT

                None               

PUBLIC COMMENT ON  ALL MATTERS PERTAINING TO CLOSED SESSION

                None

VOTE ON WHETHER TO HOLD CLOSED SESSION

                Motion by Commissioner Cohen, second by Commissioner Elias, to go into Closed Session.  Approved 5-0.

AYES:     Commissioners  Byrne, Elias, Cohen, Hamasaki, Lee

ABSENT:  Commissioner Brookter

CLOSED SESSION (7:11 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):

Maurice Caldwell v. City & County of San Francisco, et al., US District Court, Case No. 12-CV-1892 DMR, filed April 16, 2012

(Present:  Commissioners Cohen, Elias, Hamasaki, Yee, Byrne, Chief Scott, Assistant Chief Moser, Deputy City Attorney Cabrera, Deputy City Attorney Porianda, Sergeant Youngblood, Sergeant Reynolds, 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 adopt proposed Findings of Fact regarding the Commission’s April 14, 2021 decision in Disciplinary Charges filed in Case No. DPA 42720, 0045-19, or take other action, if necessary

(Present:  Commissioners Cohen, Elias, Hamasaki,  Byrne, Yee, Chief Scott, Assistant Chief Moser, Deputy City Attorney Porianda, Sergeant Youngblood, Sergeant Reynolds, 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 Appeals of the Chief’s Suspension filed in case no. ALW IAD 2019-0213

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

Open Session (8:11 p.m.)

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

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

PUBLIC COMMENT

                None

ADJOURNMENT               

Thereafter, the meeting was adjourned at 8:13 p.m.