Police Commission - February 2, 2022 - Minutes
FEBRUARY 2, 2022 REMOTE MEETING VIA VIDEOCONFERENCE
The Police Commission of the City and County of San Francisco met via videoconference at 5:41 p.m.
PRESENT: Commissioners Cohen, Elias, Byrne, Yee, Carter-Oberstone, Yanez, Hamasaki
(Commissioner Hamasaki joined the meeting at 6 p.m.)
Commissioner Cohen welcomed newly appointed Commissioner Jesus Yanez.
Commissioner Yanez thanked his forefathers and stated he is honored to be joining this Commission.
DISCUSSION AND POSSIBLE ACTION TO ADOPT FINDINGS FOR THE POLICE COMMISSION TO CONTINUE TO MEET VIA TELECONFEREINCING TECHNOLOGY PER ASSEMBLY BILL 361
Commissioner Byrne announced that starting March the Commission will meet at City Hall per the Mayor’s directive.
Director Henderson urged the Commission to take a position to meet remotely moving forward because it benefits the focus and expands the audience for public comment without putting them at risk.
Motion by Commissioner Byrne, second by Commissioner Yee. Approved 6-0.
PUBLIC COMMENT
Unidentified asked the Commission to take into consideration that when returning to in person meeting, you’re also making the decision to put a lot of people’s lives a risk.
David Aaronson support continued teleconferencing option because it gives better access to public.
GENERAL PUBLIC COMMENT
Susan Buckman, Wealth & Disparities, spoke of meeting with the Board of Supervisors and spoke regarding the Board asking questions on how to reconcile the implementation of reform related to bias with what the numbers are showing about ongoing race-related discrepancies and spoke of concerns about the response from Ms. Maguire.
Unidentified thanked Chief Scott for his decision to terminate the MOU with the DA’s office.
David Aaronson spoke in regard to presentations and that there is no follow-up from the Commission and asked what Commission is doing to hold SFPD accountable for the racial disparities in the RIPA report and concerns regarding the termination of MOU with the DA’s office.
Unidentified expressed disappointment regarding letter wrote by Chief Scott to the DA’s office and urged the Chief to reconsider his letter.
John Crew spoke in regard to the SFPD pulling out of the agreement with the DA’s office and concern why this decision was made unilaterally.
ADOPTION OF MINUTES
- For the Meetings of January 5 & 12, 2022
PUBLIC COMMENT
None
Motion by Commissioner Cohen, second by Commissioner Elias. Approved 7-0
CONSENT CALENDAR
- Request for approval to accept a $1,000 gift from Tamin and Nikki Pechet through Give2SF to be used where the Department needs it most
- DGO 5.15, Enforcement of Immigration Laws Annual Report, January 1, 2021 - December 31, 2021
- DGO 11.02, Secondary Employment Annual Report, 2021
- Audit of Electronic Communication Devices for Bias Report, 4th Quarter 2021
- Police Commission Report of Disciplinary Actions, 4th Quarter 2021
Commissioner Elias asked questions regarding the audit of electronic communications for bias: On page 2 where it indicates that the potential hits evaluated by members of Internal Affairs for context to determine if they are related to bias, she’d like the Department to answer how many of these cases that they looked into resulted in cases that led to discipline and where it says number of confirmed bias hits by members of the Department, she’d like the Department to explain what that category means and what members it is talking about because out of all these hits, which appear to be 100+ emails, 25 texts, and 67 CLETS, on the category to the right, nothing comes up, there’s absolutely zero. She stated she wants to know how that math is working and what type of discipline has led from these audits, if any, and if there hasn’t been any IAD responses, she’d like to know why. She asked that this be agendized for next meeting and have IAD to come back and provide an update with their cases.
Commissioner Byrne asked questions regarding DGO 5.15 report. He stated that according to the report, there were zero communications with ICE and Customs of Border Protection involving anybody that’s in detention and he stated that he finds it difficult to see that there’s absolutely been no contact and that the issue he wants to explore that there has been absolutely no communication with the US Immigration Authorities in the past calendar year.
Motion by Commissioner Byrne, second by Commissioner Elias to separate the Bias Report and the DGO 5.15 report to be agendized on Feb 9th. Approved 7-0
AYES: Commissioners Yanez, Carter-Oberstone, Byrne, Yee, Hamasaki, Elias, Cohen. Approved 7-0.
PUBLIC COMMENT
None
Chief’s Report
- Weekly crime trends
- Major/Significant Incidents
Chief Scott spoke in regard to the termination of the MOU with the DA’s office. The Chief stated: “ … about transparency with this decision. Everything that was done was documented in writing with letter and you’ve heard comments about the letter. It was given to the public, the media, the members of this department, the District Attorney who I personally called and let him know that this is coming, and the Police Commission. The essence of this, and here’s where I will end my comments until we have further discussion, is not about the legal decision of the trial. That letter has nothing to do with the legal decision of the trial. That’s for the judge to decide. I respect that and this is not about that. As stated in the letter this is about the essence of the MOU itself and what that MOU is supposed to stand for. I personally worked on that … the first MOU and the second one and for the first one, I personally worked on that MOU for two years with our previous district attorney so if anybody wants to question by commitment to oversight and accountability, look at the record of my commitment of making that MOU happen in the first place. That’s the first thing. The second thing is this. The spirit of that MOU, when I was in most of the meetings with the former DA and the current DA and his staff, the spirit of that MOU is fairness, transparency, cooperation and an agreement that works for all concerned parties, including the police officers, including the police officers. Nobody is afraid of accountability. Nobody is afraid of oversight, not this department, not me, not the members of this department. What we’re asking for … what I’m asking for is the process that is fair. I welcome a conversation about this. Everything that I’ve done, I’ve put in public so that the public can understand, at least the rationale for my thinking, and I’ve also, as I put in the letter, reached out to the State Attorney General for guidance on how we can get through this with the appropriate independent oversight. So with that, I will end my comments. I welcome this to be on the agenda and I just thank you for allowing me the opportunity to say a little bit about this.”
Chief Scott reported on crime trends YTD: Violent Crime down 16 percent; homicide 00 percent; rape down 43 percent; robbery down 19 percent; assault up 9 percent; human trafficking 80 percent. Property Crimes down 10 percent; burglary down 44 percent; motor vehicle theft down 12 percent; arson down 15 percent; larceny theft up 5 percent. Gun violence is down 62 percent compared to 2021; 2 shooting incidents for the week ending on 1/30/22; total 10 incidents resulting in 10 victims YTD. No homicide for the week ending 1/30/22; there was a total of 56 homicides for year 2021.
Commissioner Hamasaki asked about the press release regarding the MOU with the DA’s office and asked the Chief if there is any reason that he decided to do this right now as jurors are being seated in the criminal trial knowing that this will be released to the press. The Chief stated: “Yes. This department and members of this department are and have been very shaken, for lack of a better term, by what was brought out in court regarding non-adherence to the MOU, non-adherence to … and it’s in the letter and it’s in the press release so … I know this need to be agendized but I want to say this. Ultimately, what it is about, and I welcome discussion on this, it’s fairness to the officers who depend on fairness to do their jobs effectively. We have …” “We depend … the members of this department, members of the public, everybody who has anything to do with this MOU and the impact of it, all depend this being a fair system that we all have confidence in. That’s what this is about. It’s not about the court case. It’s not about what the judge’s decision is. And I was very very careful not to make this a legal debate or argument because it’s not. This is simply about what’s stated in the letter. How the MOU has been violated, how I came to that conclusion that the MOU has been violated and what is fair in terms of the process when an officer is being investigated for using force under the MOU. It’s really important that the people that put their lives on the line and have to make split second decisions are also treated fairly as well as the public to be treated fairly. That’s really important and that’s what this is about. I hear the comments. I hear people trying to twist this and make it something that is not. I was very very focused in the scope of reasons for termination of this MOU. The MOU was put online so people can understand the authorities of who can terminate and under what reasons and that is why it was done now. We have to do something about it and it needs to be done now. This is not something we can wait on.”
Commissioner Hamasaki stated that right, it had to be done now when one of the officers are being charged with beating a Black man, breaking his bones, and stated that the Chief wanted to put out propaganda, press releases, trying to muddy the waters. He expressed concerns of the Chief unilaterally issuing a press release and stated that it appears to be a clear case of tampering with the jury.
Chief Scott addressed Commissioner Hamasaki’s comments and stated that what he just said is very serious and …”it’s an attack not only of my credibility but my authority. It’s an attack on what’s … read the MOU. I was in every discussion on the MOU with the district attorney … well, not maybe every discussion, but I was involved in the writing and the drafting of that MOU for two years. I totally understand what’s in that MOU. I understand the scope of my role and my authority to terminate. I understand the scope of the District Attorney’s role and his authority to terminate, which is clearly written in the MOU. None of this was meant to unintelligible anybody’s authority because I have the authority per the MOU to do just what I did. Ok. That’s the first thing. The second thing is for you to accuse me of trying to influence the jury is extremely insulting and disappointing because the judge makes her decisions in the criminal case. The officers stand in trial, and you said earlier, will face the jury. The MOU is something different. The judge even said it. It’s not my role to determine whether or not this MOU is followed. That’s somebody else’s role. That’s somebody else’s role per the MOU are the two people who have the right to terminate it, the District Attorney or the Police Chief. And that’s exactly what I did. I really take offense to your accusations that you just accused me of. I think it’s out of line, out of place, and for you, Commissioner, to not understand that there is a component of this that speak directly to the officers that have to do the work … I’m not even going to make a comment about that, but I’m telling you, that’s part of this discussion that need to be discussed in public, and that’s part of this discussion and the reason for the cancellation of the MOU. I think I said as much as I can say without this being on the agenda. My letter is very transparent, very clear. It is not a stunt. This is something as soon as it was brought to light on Friday and brought to my attention that I’ve been following closely. I wanted to wait until I’ve actually received the actual transcripts to read for myself what was said and how this relates to the work that we all have been charged to do. We have a responsibility to, per this MOU, to investigate crimes against the victims in this city. When we don’t get information that the MOU says we shall be part of, I think … I hope there’s not a argument here that that’s a problem. I hope there’s not.”
Commissioner Hamasaki stated that this was a way for the police union to get around the gag order.
Commissioner Cohen stated that this is not agendized and that it needs to be tabled for another date.
Commissioner Elias asked that the MOU be agendized.
PUBLIC COMMENT
Francisco Dacosta stated that he has been following the discussion and stated that the Chief has been trying to explain something that is convoluted and stated that this item be put on the agenda so that the Chief can give a better explanation.
DPA Director’s Report
- Report on recent DPA activities, and announcement
- Presentation of the December 2021 Monthly Statistical Report
Director Henderson reported: In the year 2022: 39 cases opened; 35 closed; 274 pending; 3 cases sustained; 32 cases past 270-day; 1 case mediated. Cases received in the past week: 29 new cases; 17 percent behaved or spoke in a manner unbecoming an officer; 17 percent failed to take required action; 12 percent misrepresented the truth; 10 percent use unnecessary or excessive force; 8 percent prepared an incomplete or inaccurate incident report; 8 percent failed to properly investigate.
Director Henderson presented the December 2021 monthly statistical report.
Outreach: Can be found on community calendar on the DPA’s website and posted on Tweeter, Facebook, Instagram and on DHR’s website. On January 14th, spoke with the Wealth and Disparities town hall meeting on the state of Black San Franciscans and to give update on the work with the Police Commission and DPA. On January 28, hosted a virtual stakeholder’s spotlight with Community Youth SF addressing community awareness about DPA services offered specifically for youth.
PUBLIC COMMENT
Francisco Dacosta spoke in regard to fine tuning the way business is done.
Commission Reports
- Commission President’s Report
- Commissioners’ Reports
- Commission announcements and scheduling of items identified for consideration at future Commission Meetings.
Commissioner Cohen spoke of the Medal of Valor Ceremony and commended the men and women of the Department.
Commissioner Yee spoke of invite to Alabama, Mississippi, and Tennessee to learn more about civil rights and that he was invited by the Chief to attend with his command staff. He also greeted everyone a Happy Lunar New Year.
Commissioner Carter-Oberstone spoke of meeting with John Crew and stated that it was a great discussion about systemic reforms and also met with the Coalition to End Bias Stops.
Commissioner Elias requested that the MOU be agendized. She also asked that the clearance rates given DPA stats on their December 2021 monthly statistical report. She stated that in reviewing the complaints that they received, nearly one-third involved failure to do their job coupled with the other report that they are going to be reporting on which shows that 80 percent of their improper conduct finding is by allegation consists of neglect of duty. Given those two numbers, Commissioner Elias asked that the clearance rates be agendized of what SFPD is doing in terms of investigating crimes. She also stated that she was made aware that the business coalitions have also complained to the police department regarding their failure to take complaints from business owners and have them prosecuted. She also stated that some of the clearance rates in San Francisco is far below the national average and that the Commission and the public deserve an explanation as to why and what the department is doing to address those situations.
Director Henderson stated that it might be easier to have Internal Affairs can prepare a report on their allegations from those two categories and then correlate that to sustained rates from those allegations like DPA does with its allegations and sustained rates. Commissioner Elias stated that she would also like this to be agendized but stated that what she wants from IA pertains to the clearance rates, when they’re called out, when they investigate, and did they finish their investigation, and what did they do once they finished the investigation and how many are being forwarded for prosecution and how many are being closed out. Chief Scott asked if Commissioner Elias would like the national and state averages to be part of the report and Commissioner Elias said yes.
Commissioner Hamasaki requested to have the MOU on next week agenda and asked the Chief if the MOU has been terminated. The Chief explained that if either party wants to terminate the MOU, it has to be done in writing and there is 15 business days after the notification and then the MOU is terminated. It also calls, if the parties agree or disagree about the issues, it calls for a meeting within five business days.
Director Henderson asked that the matrix be agendized and asked about the after action report from OIS investigation to evaluate efficiencies and best practices.
PUBLIC COMMENT
None
PRESENTATION OF DPA’S 2021 FIRST AMENDMENT COMPLIANCE AUDIT OF SFPD RECORDS PURSUANT TO DGO 8.10
Steve Flaherty, DPA Director of Audits, presented the First Amendment Compliance Audit of SFPD records pursuant to DGO 8.10.
PUBLIC COMMENT
None
PRESENTATION OF DPA’S 3RD QUARTER 2021 QUARTERLY REPORT
Diana Rosenstein, DPA Acting Chief of Staff, presented the 3rd Quarter 2021 Quarterly Report.
PUBLIC COMMENT
None
PRESENTATION OF THE ADMIN CODE SEC. 96A/CALIFORNIA RACIAL AND IDENTITY ACT (RIPA) REPORTS
Chief Scott and Program Director Jason Cunningham presented the Admin Code Sec. 96A/California Racial and Identity Act (RIPA) Reports.
Commissioner Carter-Oberstone stated that the goal is to find out what portion of these disparities is caused by race neutral policies that are legitimate and what parts are caused by bias. He stated that a lot of his questions are from the data that was provided by the Department and that were not covered in the 96A report or the Chief’s presentation. He then showed slides for visual aid to ask his questions. Commissioner Carter-Oberstone recommended that the Commission need to recommend a policy change on pretext stops.
Commissioner Elias stated “With all due respect, I want to put perspective on the history. In 2016, the RIPA and the 96A legislation was passed by President Cohen. Since that time, the report we had the numbers that started coming to us in 2016. In 2018, shortly after I joined the Commission, I began asking questions about these racial disparities and the numbers and how upsetting they were. It is now 2022 and my question is, Chief, how much more data do we need? We have data and a lot of the data that the Department has isn’t even reported to the public. The organizational accountability, the hypo that you gave about the targeting specific areas for a specific concern, that same hypo was posed to us in the investigative DGO group by Commander Ewins back in 2019. So, we’re aware of these hypos. We’re aware of these data since 2016 when we began tracking it. So at what point do we start doing what you say which is digging in? At what point do we start saying, Ok we already have the data set, what are we going to do about it?”
The Chief stated that it’s important to cite the history and that the academy partners we invited to help us do this have also said we need better data, more precise data. The Chief stated that what is needed is the type of data that can answer the questions. He stated that there is work being done and recommended that who ever the lead Commissioner will be, that that commissioner spend some time with the Department so that that commissioner have a true understanding of what the Chief is talking about and the challenges of not having specific data to address specific questions.
Commissioner Elias stated that there is data and that there is no reason to delay this any further. She asked about searches and the search issues and that the searches are happening in an alarming rate and contraband is not found. She also talked about organization bias and stated that there has to be analysis or reflection upon the organizational bias that happens.
Commissioner Elias asked a follow-up to be agendized for getting more solutions which of the 73 RIPA recommendations are the department adopting. She also talked about giving officers time to train and stated that officers have not even gotten some of the fundamental trainings like CIT.
Chief stated that a discussion on training and deployment of staffing, being the Department is 500 short on officers, how all that plays together.
Diana Rosenstein stated that DPA endorse the RIPA recommendations and stated that DPA has been in discussions and has been creating policies in conjunction with SFPD and other agencies to ask SFPD to transition to its intelligence-based policing rather than hot spot policing.
(The Commission took a brief recess at 9:33 p.m. and reconvened at 9:44 p.m.)
PUBLIC COMMENT
Wesley Slaver, Glide, spoke of the need to stop pretext stops in San Francisco and stated that they recommended to ban pretext stops and spoke of SFPD over-policing communities of color.
Brian Cox spoke of racial disparities and use of force and spoke of how the reform efforts are moving too slowly.
Kit Hodge, Wealth & Disparities, spoke of bias against Black San Franciscans.
Susan Buckman, Wealth & Disparities, recommended to ban low level stops to remove the racial disparities to prove that there is racial bias.
John Crew stated that the problem is the lack of urgency to address this issue.
DISCUSSION AND POSSIBLE ACTION TO ADOPT A RESOLUTIOIN URGING THE BOARD OF SUPERVISORS TO AUTHORIZE THE CHIEF OF POLICE TO ACCEPT AND EXPEND A GRANT IN THE AMOUNT OF $125,000 FROM THE US DEPARTMENT OF JUSTICE, OFFICE OF COMMUNITY ORIENTED POLICNG SERVICES FOR THE FISCAL YEAR 2021 COMMUNITY POLICNG DEVELOPMENT MICROGRANT PROGRAM TO SUPPORT OUR COMMUNITY TRUST AND LEGITMIACY PROJECT FOR THE PROJECT PERIOD OF SEPTEMBER 1, 2021, THROUGH AUGUST 31, 2022 AND WAIVING INDIRECT COST
Put over to a later agenda.
DISCUSSION AND POSSIBLE ACTION TO ADOPT A RESOLUTIOIN URGING THE BOARD OF SUPERVISORS TO AUTHORIZE THE CHIEF OF POLICE TO ACCEPT AND EXPEND A GRANT IN THE AMOUNT OF $123,664.99 FROM THE US DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE, UNDER THE FISCAL YEAR 2021 PATRICK LEAHY BULLETPROOF VEST PARTNESRSHIP TO FUND PURCHASES OF VESTS FOR LAW ENFORCMENT OFFICERS IN THE POLICE DEPARTMENT, SHERIFF’S DEPARTMENT, ADULT PROBATION DEPARTMENT, AND JUVENILE PROBATION DEPARTMENT PURCHASED AFTER APRIL 1, 2021 THROUGH AUGUST 31, 2023
PUBLIC COMMENT
None
Motion by Commissioner Cohen, second by Commissioner Elias. Approved 7-0.
AYES: Commissioners Yanez, Carter-Oberstone, Byrne, Yee, Hamasaki, Elias, Cohen
PUBLIC COMMENT ON ALL MATTERS PERTAINING TO CLOSED SESSION
None
VOTE ON WHETHER TO HOLD CLOSED SESSION
No vote
CLOSED SESSION ( 9:59 p.m. – 10:52 p.m.)
THE COMMISSION IS NOT MEETING WITH THE SF POLICE OFFICERS ASSOCIATION IN CLOSED SESSION.
CONFERENCE WITH LABOR NEGOTIATOR – COLLECTIVE BARGAINING. This item is for the Commission to meet in closed session with their labor negotiator and provide direction for bargaining with the San Francisco Police Officers Association (POA). The POA is not permitted to attend this closed session meeting.
Pursuant to Government Code Section 54957.6 and San Francisco Administrative Code Section 67.10(e):
City Negotiator: LaWanna Preston, SFPD Labor Relations Director
Organization representing Police Officers: SF Police Officers Association
Anticipated Issues Under Negotiation: Department General Order 6.09, “Domestic Violence” and Department General Order 3.01, “Written Directives”
(Present: Commissioners Cohen, Elias, Hamasaki, Yee, Byrne, Carter-Oberstone Yanez, Chief Scott, Assistant Chief Moser, Deputy City Attorney Cabrera, Deputy City Attorney Porianda, Deputy City Attorney Jonathan Rolnick, Sgt. Youngblood, Sgt. Reynolds, Risa Tom, Director Preston, Isabelle Choy)
PERSONNEL EXCEPTION. Pursuant to Government Code Section 54957(b)(1) and SF 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 decision on October 20, 2021, in the Appeal of the Chief’s Suspension filed in Case No. IAD 2019-0255, or take other action if necessary
(Present: Commissioners Cohen, Elias, Hamasaki, Yee, Byrne, Carter-Oberstone, Yanez, Chief Scott, Assistant Chief Moser, Deputy City Attorney Porianda, Sgt. Youngblood, Sgt. 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 the following disciplinary charges to Commissioners for the taking of evidence to be set at a later date (ACTION):
- Non-disciplinary Case No. IAD 2021-0335
- Non- disciplinary Case No. IAD 2021-0199
(PRESENT: Commissioners Cohen, Elias, Hamasaki, Yee, Byrne, Carter-Oberstone, Yanez, 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:
Discussion and possible action to take off calendar the following non-disciplinary cases:
- Non-disciplinary Case No. IAD 2021-0263 (Resignation effective January 10, 2022)
- Non-disciplinary Case No. IAD 2021-0267 (Resignation effective January 10, 2022)
- Non-disciplinary Case No. IAD 2021-0250 (Resignation effective January 14, 2022)
- Non-disciplinary Case No. IAD 2021-0288 (Member agreed to condition of employment)
(PRESENT: Commissioners Cohen, Elias, Hamasaki, Yee, Byrne, Carter-Oberstone, Yanez, 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 SF Administrative Code Section 67.10(b) and Penal Code Section 832.7:
Status and calendaring of pending disciplinary cases
(PRESENT: Commissioners Cohen, Elias, Hamasaki, Yee, Byrne, Carter-Oberstone, Yanez, Chief Scott, Assistant Chief Moser, Deputy City Attorney Porianda, Sergeant Youngblood, Sergeant Reynolds, Risa Tom)
OPEN SESSION (10:52 p.m.)
VOTE TO ELECT WHETHER TO DISCLOSE ANY OR ALL DISCUSSION IN CLOSED SESSION
Motion by Commissioner, second by Commissioner for non-disclosure. Approved 6-0.
AYES: Commissioners Carter-Oberstone, Byrne, Yee, Hamasaki, Elias, Cohen
DISCUSSION & POSSIBLE ACTION TO ADOPT REVISED DEPARTMENT GENERAL ORDER 3.01, “DEPARTMENT WRITTEN DIRECTIVES” (Item continued from January 12, 2022)
Continued to March 2, 2022 meeting
ADJOURNMENT
Thereafter, the meeting was adjourned at 10:54 p.m.
