NOVEMBER 3 2021                                                          REMOTE MEETING VIA VIDEOCONFERENCE

                The Police Commission of the City and County of San Francisco met via videoconference at 5:47 p.m. 

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

(Commissioner Yee joined the meeting at 5:55 p.m.) 

GENERAL PUBLIC COMMENT

                Barry Toronto spoke of officers working 10B at Hilton Hotel on O’Farrell blocking the taxi zone and taking away taxicab drivers’ business.   He also talked about a motorcycle cop at Chase Center who threatened to give him a ticket.  He spoke of Outside Lands where cab stands were blocked by Muni.

                Kit Hodge, Wealth and Disparities, read a quote by Felicia Jones regarding traffic stops against Black San Franciscans.

                David Aaronson, Wealth and Disparities, read a quote by Felicia Jones regarding traffic stops against Black San Franciscans.

                Christy, Tenderloin resident, spoke of how she moved out of the Tenderloin because of drug dealing and asked the Commission to add Drug Dealing in the Tenderloin on its meeting on November 10^th.

                Victoria, Wealth and  Disparities, read a quote by Felicia Jones regarding traffic stops against Black San Franciscans.

                Susan Buckman, Wealth and Disparities, read a quote by Felicia Jones regarding traffic stops against Black San Franciscans.

                Ms. Paulette Brown spoke regarding her son’s, Aubrey Abrakasa, unsolved homicide case and asked for justice for her son.  She also spoke of tv monitors at district stations not working to show photos of unsolved homicide victims.

                Anonymous spoke of SB 1421 and  release of records by SFPD and DPA. 

DISCUSSION AND POSSIBLE ACTION TO ADOPT FINDINGS FOR THE POLICE COMMISSION TO CONTINUE TO MEET VIA TELECONFERENCING TECHNOLOGY PER ASSEMBLY BILL 361 

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

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

PUBLIC COMMENT

                David Aaronson in support of continuing to meet virtually as it gives access to the public.

                Anonymoose submitted the following comment:  “The Police commission should continue to accept public commenters by computer and by phone (as soon as possible, in person as well).  It should also amend its bylaws or rules of order to specifically permit public comment by computer and by phone even after the COVID emergency situation.  As other commenter stated, virtual public comment allows more equitable access to government by allowing persons who cannot physically appear, especially for long periods of time at the Commission (parents, workers, people without transportation, and much more).  Also, in light of whatever caused my ability to public comment, your process for accepting public comment on phone should be modified.  Consider SOFT’s ruling in Library Users Association v Library Commission, regarding the exact problem that occurred to me today – your staff should wait 30 sec to recheck the queue before closing public comment, like the BoS.” 

RESOLUTION NO. 21-89 

RESOLUTION MAKING FINDINGS TO ALLOW TELECONFERENCED MEETINGS UNDER CALIFORNIA GOVERNMENT CODE SECTION 54953(e)

WHEREAS, California Government Code Section 54953(e) empowers local policy bodies to convene by teleconferencing technology during a proclaimed state of emergency under the State Emergency Services Act so long as certain conditions are met; and 

WHEREAS, In March, 2020, the Governor of the State of California proclaimed a state of emergency in California in connection with the Coronavirus Disease 2019 (“COVID-19”) pandemic, and that state of emergency remains in effect; and  

WHEREAS, On February 25, 2020, the Mayor of the City and County of San Francisco (the “City”) declared a local emergency, and on March 6, 2020 the City’s Health Officer declared a local health emergency, and both those declarations also remain in effect; and 

WHEREAS, On March 11 and March 23, 2020, the Mayor issued emergency orders suspending select provisions of local law, including sections of the City Charter, that restrict teleconferencing by members of policy bodies; those orders remain in effect, so City law currently allows policy bodies to meet remotely if they comply with restrictions in State law regarding teleconference meetings; and 

WHEREAS, On September 16, 2021, the Governor signed AB 361, a bill that amends the Brown Act to allow local policy bodies to continue to meet by teleconferencing during a state of emergency without complying with restrictions in State law that would otherwise apply, provided that the policy bodies make certain findings at least once every 30 days; and 

WHEREAS, While federal, State, and local health officials emphasize the critical importance of vaccination and consistent mask-wearing to prevent the spread of COVID-19, the City’s Health Officer has issued at least one order (Health Officer Order No. C19-07y, available online at www.sfdph.org/healthorders) and one directive (Health Officer Directive No. 2020-33i, available online at www.sfdph.org/directives) that continue to recommend measures to promote physical distancing and other social distancing measures, such as masking, in certain contexts; and 

WHEREAS, The California Department of Industrial Relations Division of Occupational Safety and Health (“Cal/OSHA”) has promulgated Section 3205 of Title 8 of the California Code of Regulations, which requires most employers in California, including in the City, to train and instruct employees about measures that can decrease the spread of COVID-19, including physical distancing and other social distancing measures; and 

WHEREAS, Without limiting any requirements under applicable federal, state, or local pandemic-related rules, orders, or directives, the City’s Department of Public Health, in coordination with the City’s Health Officer, has advised that for group gatherings indoors, such as meetings of boards and commissions, people can increase safety and greatly reduce risks to the health and safety of attendees from COVID-19 by maximizing ventilation, wearing well-fitting masks (as required by Health Officer Order No. C19-07), using physical distancing where the vaccination status of attendees is not known, and considering holding the meeting remotely if feasible, especially for long meetings, with any attendees with unknown vaccination status and where ventilation may not be optimal; and 

WHEREAS, On July 31, 2020, the Mayor issued an emergency order that, with limited exceptions, prohibited policy bodies other than the Board of Supervisors and its committees from meeting in person under any circumstances, so as to ensure the safety of policy body members, City staff, and the public; and  

WHEREAS, the Police Commission has met remotely during the COVID-19 pandemic and can continue to do so in a manner that allows public participation and transparency while minimizing health risks to members, staff, and the public that would be present with in-person meetings while this emergency continues; now, therefore, be it

RESOLVED, That the Police Commission finds as follows: 

1. As described above, the State of California and the City remain in a state of emergency due to the COVID-19 pandemic. At this meeting, the Police Commission has considered the circumstances of the state of emergency.  
    
2. As described above, State and City officials continue to recommend measures to promote physical distancing and other social distancing measures, in some settings.
    
3. As described above, because of the COVID-19 pandemic, conducting meetings of this body in person would present imminent risks to the safety of attendees, and the state of emergency continues to directly impact the ability of members to meet safely in person; and, be it

FURTHER RESOLVED, That for at least the next 30 days meetings the Police Commission will continue to occur exclusively by teleconferencing technology (and not by any in-person meetings or any other meetings with public access to the places where any policy body member is present for the meeting).  Such meetings of the Police Commission that occur by teleconferencing technology will provide an opportunity for members of the public to address this body and will otherwise occur in a manner that protects the statutory and constitutional rights of parties and the members of the public attending the meeting via teleconferencing; and, be it  

FURTHER RESOLVED, That the Secretary of the Police Commission is directed to place a resolution substantially similar to this resolution on the agenda of a future meeting of the Police Commission within the next 30 days.  If the Police Commission does not meet within the next 30 days, the Secretary is directed to place a such resolution on the agenda of the next meeting of the Police Commission. 

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

PRESENTATION BY ASSEMBLYPERSON REGGIE JONES-SAWYER REGARDING PUBLIC SAFETY AND TO PROVIDE A LEGISLATIVE UPDATE ON ASSEMBLY BILL 89 

                Commissioner Cohen gave a brief background about Assemblyman Jones-Sawyer and the passage of Assembly Bill 89 that provides that new police officers have a college degree is the latest example of criminal justice reform legislation that Assembly member Jones-Sawyer has recently passed.  She went on to talk about the numerous criminal justice reform legislations that has been enacted to ensure greater police accountability and law enforcement efficiency. 

                Assembly member Jones-Sawyer then talked about Assembly Bill 89, the Police Officers’ Education and Age Conditions for Employment Act. 

PUBLIC COMMENT

                Francisco Dacosta stated that to implement the bill will take five years.  He stated that the focus should be to address quality of life in the City and what can be done to restore the standards in San Francisco. 

ADOPTION OF MINUTES

-              For the meeting of October 13, 2021 

                Motion by Commissioner Byrne, second by Commissioner Yee.  Approved 5-0 

PUBLIC COMMENT

                None 

CONSENT CALENDAR

-              Audit of Electronic Communication Devices for Bias, 3^rd Quarter 2021 

                Motion by Commissioner Byrne, second by Commissioner Yee.  Approved 5-0. 

PUBLIC COMMENT

                David Aaronson asked if review is done by the department and would like audit be done by outside jurisdiction.               

Chief’s Report

-              Weekly crime trends

-              Major/Significant Incidents                

                Chief Scott introduced Deputy Chief Al Murphy visiting from Edmonton, Alberta, Canada.      

                Chief Scott reported on crime trends:  Part 1 Violent Crime, up 1 percent:  Homicide up 5 percent; rape down 13 percent; robbery down 4 percent; assault up 8 percent; human trafficking up 33 percent.  Property Crimes,  up 7 percent:  Burglary down 2 percent; motor vehicle theft down .04 percent; arson up 10 percent; larceny theft up 38 percent.  Gun violence up 53 percent.  There were 3 shooting incidents for the week ending on 10/31/21; a total of 157 incidents resulting in 186 victims YTD.  There were no homicides the week ending on 10/31/21; 44 homicides YTD; overall clearance rate is 89 percent.               

                Gun Seizure:  844 total, 169 ghost guns recovered YTD. 

                Shootings & Assaults:  Two shootings for this reporting period.  First, at Turk and Hyde in the Tenderloin.  The victim is a 32 year-old male located suffering from a gunshot wound into his face.  Security cameras are located on Turk and Hyde and Turk and Leavenworth area.  Unit that responded located a vehicle believed to have been involved at 9^th and Howard Streets.  Evidence were recovered from the vehicle.  Investigation is ongoing and no arrest is made.  Second, in the Bayview District.  The victim is a 39 year-old male located with a gunshot wound.  Victim stated he was being chased by a person on foot when a car drove by and a person, unknown to the victim, shot him.  Investigation is on going and no arrest made.  Third, at Filbert and Filmore in the Northern District, the victim is a 22 year-old male who was shot and transported to a local hospital.  A witness confirmed that the shooting occurred at Fillmore and Filbert and that the suspect fled south on Fillmore Street then east on Union Street.  Officers located evidence including a blood trail on the path of the suspect and the victim.  Investigation is ongoing and no arrest at this time. 

                Significant Incidents:  The Chief reported that there were a significant series of home invasion robbery arrests this past week.  The Chief stated that during the months of August and September a series of home invasion robberies occurred in the Taraval and Ingleside Districts.  Investigators developed information that led to the identity of five individuals wanted in connection with each incident in San Francisco as well as incidents in the bay area outside of San Francisco.  On October 20^th, two suspects were arrested in San Mateo and taken into custody.  On October 21^st, one individual was arrested and taken into custody in Elk Grove, and another suspect was arrested in Stockton.  On October 31^st, the final suspect was arrested in Antioch. 

                Stunt Driving:  The Chief reported that the Stunt Driving Response Unit under the leadership the lieutenant received information that possibly 100 vehicles were coming into the city at about 11 p.m. on Saturday, October 30^th.  The Stun Driving Response Unit was activated and responded to areas that are known to have historical events of this nature and were very visible in the area and the people who intended to come to the city decided to go somewhere else.  The Chief also talked about another traffic fatality, vehicle versus motorcycle, on October 29^th, at 16^th Street and Harrison, in the Mission District, where officers responded to a traffic collision involving a single motorcycle rider traveling south on Illinois Street.  Medics arrived on scene, the victim was located and was unresponsive and not breathing, transported to the hospital where he died from his injuries.  The victim was a retired Oakland Police Department school officer.               

                District strategies:  Northern, focus on auto burglary and auto boosting enforcement.  The Captain is reaching out to the community to raise awareness; high visibility enforcement in Alamo Square, Japantown, Palace of Fine Arts; high visibility in the commercial corridors focusing on Hayes Valley, Fillmore corridor, and upper Polk Street.  Bayview, experienced increased in burglary and deployed officers in uniform patrol in the late evenings and early mornings in the areas where these are happening.  On-going efforts on the Third Street corridor with high visibility of solo officers, foot beat enforcement, and working with the Community Violence Response Team to continue to mitigate ongoing gun violence.  Tenderloin, focus is on open air drug dealing.  Officers have been deployed and redeployed; increased presence on Golden Gate from Larkin to Leavenworth Streets.  There have been increases in violent crimes in the areas of Turk and Hyde and Golden Gate and Hyde.  The Chief talked about the Mid-Market Vibrancy Plan funded by overtime will continue.  The Department is also working the BART PD with city employees returning to work and the concern of what’s happening in the stairwells on the BART platform. 

                Major Events:  Veterans Day Parade on November 11^th.   Events at Chase Center.  The Chief reported on Outside Lands which was successful in terms of poling standpoint.  Crowds were 75,000 per day with no significant incidents although the Department was busy with medical calls. 

                Commissioner Hamasaki asked that the state of drug dealing in the Tenderloin be agendized. 

                Commissioner Byrne asked about an update on vaccination of officers.  Chief Scott reported that 38 is the number for unvaccinated active officers and 18 for professional staff.  The Chief stated that there have been resignations and retirements since this mandate went into effect. 

                Commissioner Yee spoke of shootings in the  month of October and how it dropped to 37 percent and hopes that the numbers will continue to go down.  He spoke of auto burglaries and to explore the possibility of working with the city attorney to look at the rent-a-car industry that are not in compliance with State regulations and stated that suspects would look at the out-of-state license plates and urged the Commission to  bring legislation to the Board of Supervisors to mandate that rental car companies comply with State laws to reduce auto burglaries. 

                Commissioner Cohen commended the Chief and the officers for the arrests in home invasion robbery suspects that occurred in the Ingleside and Taraval Districts; also, in the arrest of a suspect in the stabbing of a 66 year-old woman in the Mission.  Commissioner Cohen then talked about the DA’s decision to press voluntary manslaughter charges against an SFPD officer for an officer-involved shooting from January 2017.  The Chief responded that he sent out an email to the entire department informing the members of what’s going on and remind everyone that we need to be mindful and respect the process and understand that anybody facing the criminal justice system is innocent until proven guilty.               

PUBLIC COMMENT         

                Francisco Dacosta stated that to address quality of life issues is to assign commissioners to address drug issues, homeless situation, one to all the car thefts going on in the city, one to assaults in the MUNI and on the streets to  keep the Commissioners busy.  He wants that quality of life  issues be addressed. 

DPA Director’s Report

-              Report on recent DPA activities, and announcement               

                Director Henderson reported:  16 new cases in the past week:  16 percent  behaved or spoke inappropriately; 11 percent conducted an improper search or seizure; 8 percent failed to take required action; 8 percent issued a citation without cause; 5 percent knowingly engaged in biased policing or discrimination; 5 percent used unnecessary or excessive force.  667 cases opened; 757 cases closed; 268 pending; 40 sustained; 20 past 270-day; 34 cases mediated.               

                Audit:  DPA is working with the Office of the Controller as a 12-month follow-up for the recommendations made for the use of force audit from last year.               

                Outreach:  Can be found on  community calendar on the DPA’s website and posted on Tweeter, Facebook, Instagram and on DHR’s website.  DPA attended the Racial Equity Collaborative meeting to address early intervention ideas when dealing with youths and alternative to Juvenile Hall; participated in the Mega Black meeting with African-American organizations in the city to include a workshop on strategic foresight; participated in an in-person workshop with Chinese youths at the CYC Youth Program. 

PUBLIC COMMENT

                None 

Commission Reports

-              Commission President’s Report

-              Commissioners’ Reports

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

                Commissioner Cohen reported that she spoke with the representative of Women Voters on what they want on the commission’s agenda.  She spoke with a representative from GLIDE on agenda items they are discussing to bring to the Commission.  She also spoke of written comments from the Public Defender’s Office regarding the DRB policy and she stated that she will be following-up on this item and also the Chief’s letter requesting for 96A extension.  

                Commissioner Yee announced that last week he attended the First Responders Awards given out in Chinatown to first responders recognizing Central Station officers and stated that it was great to see people from the community come out and thank members of Central Station.  He is also meeting with the Chief and meeting with the Marine Unit for tomorrow. 

                Commissioner Byrne reported that last Saturday, he, along with Assistant Chief Redmond, attended the Emerald Society’s dinner honoring a person from the community, two officers from Tenderloin and reported that he noticed there were drug dealing in the Tenderloin by the YMCA on Leavenworth between Golden Gate and Turk and stated that he noticed that it is still continuing on the corridor of Turk Street between Leavenworth and Hyde Street.  He will be meeting, along with Commissioner Yee, with the Chief to discuss the state of open air drug dealing in the Tenderloin. 

                Commissioner Cohen stated that she will agendize state of drug dealing in the Tenderloin in the next two weeks.               

                Commissioner Elias reported that they are in the process of finalizing 3.01.  DGO 5.01 needs to come back to the Commission with the updated language with respect to the training issues.  She also requested to have a staff member to attend one of the Tenderloin community meetings before the presentation. 

PUBLIC COMMENT

                None 

PRESENTATION OF THE DISCIPLINARY REVIEW BOARD FINDINGS AND RECOMMENDATIONS, 1^ST AND 2^ND QUARTER 2021 

                Assistant Chief Moser and Acting Chief of Staff Diana Rosenstein presented the 1^st and 2^nd quarter 2021 Disciplinary Review Board Findings and Recommendations.                

PUBLIC COMMENT

                Francisco Dacosta stated that when it comes to social media, none of the Commissioners are experts and that this is something new.  He recommended that before it is agendize, talk to an expert who understands issues on social media. 

PUBLIC COMMENT ON  ALL MATTERS PERTAINING TO CLOSED SESSION 

                None 

VOTE ON WHETHER TO HOLD CLOSED SESSION INCLUDING VOTE ON WHETHER TO ASSERT ATTORNEY-CLIENT PRIVILEGE WITH REGARDS TO ITEM 12(a) & (b) 

                Motion by Commissioner Elias, second by Commissioner Yee,  to go into Closed Session.  Approved 6-0. 

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

CLOSED SESSION (8:43 p.m. –9: 13 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):

Brendan Mannix v CCSF., SF Superior Court for the Case NO. CGC-18-56867, filed August 16, 2018

(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) 

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):

Dacari Spiers v. City and County of San Francisco., US District Court for the Northern District of California Case No. 20-cv-01357-JSC

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

Commissioner Elias recused 

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 on disciplinary charges filed in Case No. IAD 2020-0146A

(Present:  Commissioners Cohen, Elias, Hamasaki, Yee, Byrne, 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 on disciplinary charges filed in Case No. IAD 2020-0146B

(Present:  Commissioners Cohen, Elias, Hamasaki, Yee, Byrne, 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 (9:13 p.m.) 

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

                Motion by Commissioner Elias,  second by Commissioner Yee,  for non-disclosure.  Approved 6-0. 

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

PUBLIC COMMENT

                None

ADJOURNMENT 

Thereafter, the meeting was adjourned at 9:14 p.m.