Police Commission - February 16, 2022 - Minutes

Meeting Date: 
February 16, 2022 - 5:30pm
Location: 

FEBRUARY 16,  2022                                                                        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, Byrne, Yee, Carter-Oberstone, Yanez, Hamasaki

GENERAL PUBLIC COMMENT               

                Johnny Miller called to express his abhorrence and rage at the use of biological material from a rape kit for a criminal investigation.

                Paulina Bear called in support of Chief Scott.

                Mark Detrick called in support of Chief Scott and thanked him for developing one of the most progressive reform-minded police department.

                Thomas Osley worked in police reform and commended Chief Scott for his work on police reform and asked everyone to support Chief Scott.

                Kevin Carroll, President & CEO of Hotel Council, called in support of Chief Scott for leading the most progressive police department in the country.

                Eric Brenner called to oppose the end of the MOU and stated that the police cannot police themselves.

                Unidentified called to support the MOU and stated she voted for Chesa Boudin and voted for police accountability.

                May called to point out the need for police accountability.

                Victoria, Wealth & Disparities, read a quote from their founder about bias against Black San Franciscans.

                Nick Berge thanked Chief Scott for his commitment to safeguarding lives, preventing crimes, and enforcing laws.

                Unidentified spoke that he is happy for the support for reform.

                Majick Altman spoke of the POA against the DA  and asked the Chief to stand strong against the POA’s manipulative tactics.

                Susan Buckman, Wealth & Disparities, read a quote from their founder about bias against Black San Franciscans.

                Delegate of the California Democratic Party called in to support Chief Scott and thanked him for his leadership and for overseeing the most progressive police department in the country.

                Jennifer Yen called in support of Chief Scott and spoke of crimes in Chinatown.

                David, Wealth & Disparities, read a quote from their founder about SFPD anti-Black racism.

                Jan spoke of the Chief’s strength and integrity and express support for the Chief.

                Unidentified called to say that she stands with Chief Scott and thanked the Chief for his leadership.

                Jean Bridges, Wealth & Disparities, read a quote from their founder about anti-Blackness by the SFPD in San Francisco.

                Karen Fleshman thanked the Commission for their volunteer service representing the people of San Francisco.

                Francisco Dacosta spoke of concerns about the demeanor of the commissioners.

                Nikki talked about Black and Asian hate crimes.

                Chuck called in to support Chief Scott and how he engaged with the Department of Justice to implement reforms.

                Marie called in to support Chief Scott and all the officers of the SFPD and asked to increase budget for police training.

                Christina spoke of the DA’s testimony under oath and how the DA’s office is not showing transparency.

                Ash Walker spoke of accountability and that accountability is what we should strive for and should be prolonged.

                Matt Roy, Democratic Party, supports Chief Scott as he pursuit equal justice for all.

                Steven Callo thanked Chief Scott for his leadership.

                Henry commended the Chief for working with small businesses.

                Sue spoke in regarding to DGO  5.15, enforcement of Immigration Laws, and how immigrants can freely access health care.

                Chelsea spoke of transparency and accountability.

                Sergeant Youngblood read an ADA comment from Hillary and Maria H.:  “Ex-public defender Elias needs to immediately resign or be fired by the Board of Supervisors.  Elias has financial, ethical and, to quote Aaron Peskin, an operational conflict.  No MOU.  Elias Grey lose 200,000.  Elias unintelligible Grey’s work for Burris unintelligible Grey worked on Shawn Moore case for two years while Elias promised she would not on SFPD cases.  Elias sat in closed session over 3.5 million Moore case.  How much did Grey Elias earn from case in settlement.  Malia Cohen shouted colleague down to stop review of Elias Grey conflict.  Deal made with Cohen and Elias to take leadership role.  Elias takes some confidential material and Grey has had access working for both Burris and Boudin.  Grey investigator have accused the office with illegal activity. Elias resign now.”

CONSENT CALENDAR

-              SFPD SB 1421 Monthly Report

-              DPA SB 1421 Monthly Report

-              CRI Monthly Update

                Motion by Commissioner Hamasaki, second by Commissioner Yee.  Approved 7-0.

AYES:  Commissioners Yanez, Carter-Oberstone, Bryne, Yee, Hamasaki, Elias, Cohen

PUBLIC COMMENT

                Unidentified called in regard to the Chief’s Report and spoke of the rape kit issue.

                Ms. Paulette Brown called in regard to her son’s homicide case and how his case is still unsolved.  She stated that she had not heard from the investigator.

                Unidentified spoke of cultural problems and the culture of accountability.               

Chief’s Report

-              Weekly crime trends

-              Major/Significant Incidents               

                The Chief reported on an Incident involving a “liked” tweet by Central District tweeter page of a TikTok video that highlighted that an SFPD tweeter page “liked” a social media page that made a mockery of Mr. George Floyd.  The Chief stated that the site is disgraceful and disrespectful and stated that he finds it offensive and disgusting.  The Chief stated that any SFPD social media association with this site or any site similar is a violation of the SFPD Social Media policy.  The Chief stated that he instructed the Central Station command staff that the Central Station tweeter page “liked” was removed.  An IAD investigation is initiated and DPA was contacted and an investigation initiated.  The Chief apologized to the family of George Floyd and the public for this incident and any anguish that it had caused.  The Chief also reported on a DNA rape kit that was used on an unrelated criminal matter.  The Chief stated that he is committed to ending the practice.               

                Chief Scott reported on crime trends YTD:  Violent Crime down 15 percent; homicide even percent; rape down 5 percent; robbery down 21 percent; assault up 7 percent; human trafficking 88 percent.  Property Crimes down 3 percent; burglary down 46 percent; motor vehicle theft up .26 percent; arson down 24 percent; larceny theft up 16 percent.  Gun violence is down 56 percent compared to 2021; 2 shooting incidents for the week ending on 2/13/22;  total 18 incidents resulting in 19 victims YTD.  One homicide for the week ending 2/13/22;  there are a total of 5 homicides YTD.

                Significant Incidents:   The Chief reported on a homicide where a firearm was used; gun shot incident by the Great Highway and Skyline Boulevard.

                Strategies:  The Chief reported on Tenderloin strategies.

                The Chief reported that the Department is in receipt of the Cal DOJ Report and that the Department is at 90 percent in substantial compliance:  245 recommendations.  He thanked the Commission for their guidance and leadership and thanked members of the public and the department who helped get the Department to this point in terms of recommendations.

                Commissioner Elias asked that the DNA issue be agendized and asked the DPA if they can also investigate.  She also asked that the “Like” tweet be agendized as to who monitors the social media and how this happened which may tie in with the DPA’s 8.10 audit, and what safeguards can be put in place to ensure this does not happen again.   

PUBLIC COMMENT         

                Francisco Dacosta asked why the Chair of the Commission disappears.

                Angela Jenkins thanked the Chief and spoke of how she appreciates his transparency and his work with the working groups.

                Unidentified stated that with respect to responsible usage of social media and tweeter, he would like to encourage Commissioner Hamasaki to lead by example in this area.

                Unidentified stated that if we’re going to hold the police to standards for social media the Commissioners should also be held to even higher standards and spoke of awful things Commissioner Hamasaki has tweeted out and that it is a disgrace to the Commission.

                Jacku stated that the tweeter incident should be investigated and that Chief Scott is doing a good job and hopes that the MOU stays in place.

                Julie Traun stated that it is a good report from the Department of Justice but we need to do better and thanked the Chief and members of the working groups.

                Yulanda Williams, OFJ President, addressed the Chief and that she hopes that the issue of social media be dealt with harshly because there needs to be accountability.

                Unidentified spoke of Commissioner Hamasaki and Asian culture.

                Teli voiced support to have the Attorney General be brought in to investigate the rape kit issue.                               

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:   70 cases opened; 87  closed; 252 pending; 4 cases sustained; 31 cases past 270-day; 1 case mediated.  Cases received in the past week:  12 cases 17 percent behaved or spoke inappropriately; 10 percent failed to properly investigate; 10 percent made an arrest without cause; 10 percent used excessive or unnecessary force; 7 percent failed to activate a body-worn camera as required.

                Audit:  One audit in process about how SFPD handles claims of officer misconduct.  The audit is in the planning phase and is working with the Controller’s Office.

                Outreach:  Can be found on  community calendar on the DPA’s website and posted on Tweeter, Facebook, Instagram and on DHR’s website:  Informational virtual stakeholders spotlight event with SF Casa to increase community awareness about DPA; event with Women’s Inc. about community awareness about DPA; Overseers Alliance Meeting with oversight agencies in the state.

PUBLIC COMMENT

                Barbara Attard spoke of concerns regarding the use of DNA from rape kits.

Commission Reports

-              Commission President’s Report

-              Commissioners’ Reports

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

                Commissioner Elias acknowledged that it is Black History Month and then spoke of a meeting with the Department with respect to DGO 3.01 and that the Department have asked to reschedule the meeting for March.  She also asked that the 96A and RIPA Report be agendized with a focus on solutions and to look at which recommendations the Department has complied with or can complied with as well as the solutions, issues and concerns raised by the Commission.  She also asked that the morale in the Department be agendized and added what the Chief personally is doing to address the issue of morale in the Department.                

                Commissioner Yanez would like to know if there is a response to the letter from Supervisor Ronen in regard to the department’s dashboard on crime and if the department is analyzing the data to determine what to do to improve outcomes.

                Commissioner Hamasaki spoke of an article by Heather Knight about the indifference shown in the community by officers and stated that this is a culture and leadership issue and would like to have a discussion on this issue.  He also recommended to invite Tony Montoya of the POA to discuss the department’s morale.

                Commissioner Yee invited the Commission and the Chief to a celebration honoring Chinese/Asian officers that’s been promoted and to please let him know if they can attend.  He also would like the social media issue to be agendized.

                Commissioner Carter-Oberstone reported that he met with Chief Scott to discuss the issue of traffic enforcement and racial bias in traffic enforcement and drafting a policy to allow the Department to continue to enforce traffic violations that posts a risk to traffic safety while reducing  the racial bias data.

                Commissioner Byrne would like to agendize the issue of police just standing by while crime is being committed.   He also announced the Academy graduation scheduled for Thursday at the Scottish Rite Center.

PUBLIC COMMENT

                Unidentified stated that he is a police officer in San Francisco and stated that Commissioner Hamasaki should look in the mirror and understand that he causes the morale issue with his tweeting and social media and about supporting the district attorney who does not want to prosecute crimes and how the commission contributes to the demoralization.

UPDATE REGARDING DGO 5.15, ENFORCEMENT OF IMMIGRATION LAWS 2021 ANNUAL REPORT

                Continued to March 2, 2022.

UPDATE REGARDING THE 4TH QUARTER 2021 AUDIT OF ELECTRONIC COMMUNICATION DEVICES FOR BIAS

                Captain Mark Cota, Risk Management, presented the 4th quarter 2021 audit of electronic communication devices for bias.

PUBLIC COMMENT

                Unidentified spoke about how hypocritical to talk about bias when you have Hamasaki tweeting to get his pro-Chesa people to call in about the MOU.  She went on to express concern about Commissioner Hamasaki’s tweets and how he should not be allowed on the Commission.

                John Crew spoke of a recommendation to deal with member’s separate social media from the 2021 RIPA report.

                Unidentified called about Commissioner Hamasaki’s comment about SFPD being the one of the highest paid Department and stated that current salaries are insufficient for many of its members to live in San Francisco amongst the community it polices and also commented on Commissioner Hamasaki tweeting tonight during the meeting criticizing some of the public callers.

                Unidentified called about concerns about Commissioner Hamasaki and surge on Asian hate crimes and asked who is representing Asians in the Commission.

                Yulanda Williams recommended brining in all the police employee groups to the discussion about department’s morale.

                Unidentified commended on how Commissioner Hamasaki is extremely hypocritical and that he needs to follow his own advice and watch his social media.

                Unidentified talked about Hamasaki’s tweets and stated that she is aware of his request about speaking at the meeting but stated that she does not follow his directive and that they are independent and that they think for themselves.

                Unidentified commented on how it seems like it is  Black History Month every month and thanked Larry Yee for including the Chinese community.

                Amy called to support Chief Scott and to keep him as Chief of Police.

                Unidentified called to complain about item 6 being moved to the end of the agenda as she has a limited time and that it is not appropriate and that she is an Asian woman and supports Chesa Boudin.

                Unidentified called to complain about item 6 being move to the end of the agenda and that she has a limited amount of time.

                Phylicia Jones, Wealth & Disparities, spoke of how she is sick and tired to the POA people calling about the commissioners and talking about Black people and asked them to get off the phone.

                Unidentified asked why the auditing is not happening on social media and asked who makes the determination of bias and stated that calling for police reform does not equate to being anti police.

                Unidentified spoke about the rearrangement of the agenda and that it was done to solely dissuade the public from commenting.  She stated that people have arranged their schedules to comply with the agenda and that they do have other things to do.  She also commented on who made the call to rally their supporters and stated that it was actually Chesa who put out an urgent call for action on his social media post.

                Unidentified asked why Commissioner Hamasaki is not being flagged for bias on his social media and commented on Commissioner Hamasaki’s facial expression of not caring.

                Unidentified called to ask if that was Phylicia Jones who had her people to call in about Black  lives in San Francisco and stated that no one does more to save Black lives in San Francisco thank a San Francisco police officer and asked why is there no talk about Black homicides and Black overdoses which are significantly higher.

                Francisco Dacosta stated that there are some callers who live in Daly City representing San Francisco.  He went on to say that it is a shame that when the meeting is going on, the Chair is missing in action.               

DISCUSSION AND POSSIBLE ACTION TO APPROVE DEPARTMENT BUDGET FOR FISCAL YEAR 2023/24

                Put over to March.

DISCUSSION AND POSSIBLE ACTION TO ADOPT REVISED DEPARTMENT GENERAL ORDER 6.09, “DOMESTIC VIOLENCE” AND DOMESTIC VIOLENCE MANUAL.  MEET-AND-CONFER DRAFT WAS APPROVED BY THE COMMISSION ON JANUARY 13, 2021

                Motion by Commissioner Hamasaki to adopt the DGO, second by Commissioner Yanez.

PUBLIC COMMENT

                None

                AYES:     Commissioners Yanez, Carter-Oberstone, Byrne, Yee, Hamasaki, Elias

         ABSENT:     Commissioner Cohen

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 $125,000 FROM THE US DEPARTMENT OF JUSTICE, OFFICE OF COMMUNITY ORIENTED POLICING SERVICES FOR THE FISCAL YEAR (FY) 2021 COMMUNITY POLICNG DEVELOPMENT MICROGRANT PROGRAM TO SUPPORT OUR COMMUNITY TRUST AND LEGITIMACY PROJECT FOR THE PROJECT PERIOD OF SEPTEMBER 1, 2021, THROUGH AUGUST 31, 2022 AND WAIVING INDIRECT COSTS

                Direction Patrick Leung, CFO, presented the grant.

                Motion by Commissioner Yee, second by Commissioner Byrne.

PUBLIC COMMENT

                None

                AYES:     Commissioners Yanez, Carter-Oberstone, Byrne, Yee, Hamasaki, Elias

         ABSENT:     Commissioner Cohen

DISCUSSION AND POSSIBLE ACTION TO ADOPT A RESOLUTION URGING THE BOARD OF SUPERVISORS TO AUTHORIZE THE CHIEF OF POLICE TO ACCEPT AND EXPEND AN IN-KIND GIFT OF 900 UNITS OF NALOXONE VALUED AT $66,600 THROUGH THE NALOXONE DISTRIBUTION PROJECT, WHICH IS FUNDED BY THE SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION AND ADMINISTERED BY THE DEPARTMENT OF HEALTH CARE SERVICES

                Direction Patrick Leung, CFO, presented the grant.

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

PUBLIC COMMENT

                Unidentified spoke of Narcan being another work hazard for police officers.

                Unidentified asked if the Narcan distribution can extend outside of the police and to community organizations.

                AYES:     Commissioners Yanez, Carter-Oberstone, Byrne, Yee, Hamasaki, Elias

         ABSENT:     Commissioner Cohen

PRESENTATION OF DPA’S RACIAL EQUTY ACTION PLAN UPDATE:  STRIVING FOR EQUITY AND TRANSPARENCY

                Tinnetta Thompson, DPA, presented the DPA’s Racial Equity Plan update.

PUBLIC COMMENT

                None

PRESENTATION OF DPA’S ACCOUNTABILITY MATRIX

                Director Henderson introduced Jermain Jones who  presented the Accountability Matrix.

                Motion by Commissioner Yanez, second by Commissioner Carter-Oberstone.  Approved 7-0.

AYES:     Commissioners Yanez, Carter-Oberstone, Byrne, Yee, Hamasaki, Elias, Cohen

PUBLIC COMMENT

                Kit Hodge, Wealth & Disparities, glad to see the matrix and spoke of past recommendations that needs to be added to the matrix.

                David Aaronson, Wealth & Disparities, asked what happened to past recommendations and that noting has been done.

DISCUSSION AND POSSIBLE ACTION REGARDING THE CHIEF’S NOTICE OF INTENT TO TERMINATE THE MOU WITH THE DISTRICT ATTORNEY’S OFFICE TO INVESTIGATE INDEPENDENTLY OFFICER-INVOLVED SHOOTINGS, IN-CUSTODY DEATHS, AND USES OF FORCE INCIDENTS THAT RESULT IN SERIOUS BODILY INJURY                      

                Commissioner Cohen made opening remarks and spoke of the importance of an independent review to maintain public confidence.

                Chief Scott gave an update on the status of the MOU.  The Chief thanked Attorney General  Bonta and Chief Deputy Venus Johnson for answering request for guidance for acceptable options that will be in conformance with CRI.  The Chief stated that all parties have agreed that the termination of the MOU is 15 business days which would be February 23, 2022.  In the event the MOU is terminated on February 23rd, the Chief stated that the Department and the District Attorney’s  Office have agreed to work with the California Attorney General’s Office to have an interim agreement in place to make clear what protocols will be in place in the interim that allows the District Attorney’s Office and the SFPD to conduct their respective investigations while continuing to work to renegotiate a fair, impartial, transparent agreement that meeting the spirit and letter of independent criminal investigations of officer involve shootings, certain covered used of force incidents, and in-custody deaths.  The Chief stated that a draft of the interim agreement is due this week to the Attorney General’s Office and a meeting scheduled on Tuesday, February 22nd, to discuss this further.

                Commissioner Cohen scheduled an emergency meeting, as need,  on either Tuesday or Wednesday next week.  Commission staff will work with SFGovTV to determine which day will be the best day to cover the meeting in order to broadcast it to the public.

PUBLIC COMMENT

                Unidentified called to voice his support for Chief Scott.  He also stated concerns about some commissioners who are minimizing serious allegations of possible prosecutorial misconduct, conflicts of interest, and other dishonesties in favor of their own egos and demanded that commissioners stand for reforms that San Franciscans can trust.

                Unidentified spoke of due process and how “progressive” police have not been able to stop each other from killing community members.

                Unidentified called that it is alarming that the commission is more upset with Chief Scott for pulling out of the MOU than it is with the potential highly unethical illegal behavior of the DA.

                Karen, Public Defender’s Office, dismayed that the MOU is set to expire in seven days with no guarantee that an interim or a new MOU would be completed before the expiration.

                Chuck Obermeyer spoke of emails written detailing the work of two assistant DAs to pressure Investigator Hayashi to lie under oath and stated that email should be turned over to Chief Scott.

                Unidentified stated that if dealing with a normal DA, the Chief would have remained in the  MOU and stated that Chesa Boudin is not a normal DA.

                Brian Goldstein, Center on Juvenile and Criminal Justice, strongly support the MOU and alarmed that the Chief would unilaterally walk away from the MOU and spoke of high arrests of Black residents than any major California city.

                Majick Altman stated that we the people deserve an apology and that the MOU need to stand while negotiations go on.

                Phylicia Jones, Wealth & Disparities, stated that reform needs to mean what it means and spoke of the social justice movement and that the MOU needs to be in place.

                Michael Gonos called to express his dismay at the Chief’s unilateral action on the MOU.

                Unidentified called to demand that the Commission maintain the MOU to make sure police are being held accountable.

                Sally called in the name and spirit of Jessica Williams, Mathew Kenneth Johnson, Alex Nieto, Amilcar Perez Lopez, Mario Woods, and Luis Gongora Pat and urged the Chief and the Commission to keep the MOU to independently investigate police shootings and violence.

                Matt Roy, Democratic Party, support criminal justice reform and stated that you do not combat unequal justice by applying unequal justice and stated that that is what the DA has done. 

                Unidentified called to support Chief Scott for ending the MOU and asked where is the accountability when it comes to the DA’s office.

                Joshua Wilson, Public Defender’s Office, expressed his support for Chief Scott, the Commission, and Chesa Boudin and stated that the MOU must stand for continued independent oversight.

                John Crew stated that it is unrealistic that a new MOU is going to be negotiated in a week and spoke of the interim agreement.

                Unidentified opposed the effort to end the MOU.

                Unidentified spoke of the issue of whether the MOU should be allowed to expire comes down to the question of whether the Chief can trust the DA to abide by its terms.

                Barbara Attard discussed concerns about Chief Scott withdrawing from the MOU and urged the Commission to extend the MOU.

                Unidentified stated that the MOU is important but it only works if both sides are operating honestly and in good faith.

                Unidentified  stated that she is alarmed by the Commission minimizing serious allegations of possible prosecutorial misconduct, conflicts of interest, and dishonesty and stated that DA Boudin is not trustworthy.

                Unidentified stated that the issue is that she does not feel safe any longer and that she wants more police and that we need to support the police.

                Unidentified talked about trust between the public and the police and that the actions of the Commission and the Chief is eroding public trust.

                Larry Roberts, Public Defenders Office, spoke to continue the MOU because of the long history of police brutality.

                Mary Dale stated that this is about the Commission’s oversight authority and spoke of how the police union have obstructed police reform.

                Unidentified spoke of actions by police and how this is happening during the first ever trial in San Francisco of an officer.

                Unidentified stated that this is happening now is because this is when Chesa Boudin withheld evidence and that an MOU is a two-way street.

                Unidentified called of a government entity attempting to seize power from the people.

                Dina supports police reform but do not trust the DA and stated that the people of San Francisco support the police because of fear of living in San Francisco.

                Unidentified called to support Chief Scott and stated the real issue is that the public have lost trust in DA Boudin and went on to talk about hate crimes going up.

                Melissa Hernandez urged the Commission not to abdicate their responsibilities to provide oversight and to preserve the MOU.

                Unidentified of how the DA’s hands are tied in the investigating the police because the DA depends on SFPD for 95 percent of the cases they prosecute.         

                Alexandra, Deputy Public Defender, called to support the MOU and urged Chief Scott to think about how it looks to the public when he pulled out of the MOU unilaterally.

                Makita stated that not maintaining the MOU is giving the police more open license to terrorize the public.

                Unidentified spoke of the corrupt DA’s office and stated that this is not about the Chief and that this is about the DA suppressing information.

                Brian Cox stated that choice is whether we want the police to police themselves or do we want independent oversight from an agency with the courage to hold officers accountable.

                Susan Buckman, Wealth & Disparities, spoke of comments regarding the Commission and Wealth and Disparities and stated that those callers are trying to distract from the issue at hand.

                Unidentified called to say that he has not heard the Commission say that the DA has to do his job and abide by the MOU and never once have the Commission say that they support the police department and Chief Scott.

                David Aaronson stated that the MOU is more important than ever in the midst of the trial of a police officer for beating Decari Speirs.

                Unidentified commented about public defenders calling in to support the MOU and the DA and expressed support for the Chief.

                Unidentified called to urge the Commission to prevent the MOU from lapsing to ensure police accountability and promote public safety.

                Ricardo Acosta spoke of working to build trust between black and brown communities and law enforcement and expressed concern about the Chief pulling out of the MOU unilaterally.

                Unidentified spoke of SFPD beating and killing innocent people on the streets.

                Leanne Louie called in support of Chief Scott and spoke of how SFDA has not been transparent.

                Cheryl Thornton would like the MOU to stay in place and that there needs to be police accountability and transparency.

                Unidentified spoke of no affiliation with the POA and that she has no confidence in SFDA ability to hold SFPD accountable in a way that affords fairness and due process.

                Robert Low called to support Chief Scott and commended him in having Chinese-speaking officers in Chinatown and the work done in Chinatown.

DISCUSSION AND POSSIBLE ACTION TO APPROVE DEPARTMENT BUDGET FOR FISCAL YEAR 2023/24               

                Director Patrick Leung, CFO, presented the budget presentation.   

                Motion by Commissioner Elias not to accept the budget given the outstanding questions and concerns that the commissioners have.  Second by Commissioner Cohen.

                AYES:     Commissioners Yanez, Carter-Oberstone, Byrne, Yee, Hamasaki, Elias, Cohen

PUBLIC COMMENT

                Unidentified stated that the budget should emphasize police training.

                Unidentified discussed concerns about the budget.

                Barbara Attard spoke of long standing issues and that the Commission need independent staff and counsel.               

PUBLIC COMMENT ON ALL MATTERS PERTAINING TO CLOSED SESSION               

                Unidentified advocated for transparency.              

VOTE ON WHETHER TO HOLD CLOSED SESSION

                Motion by Commissioner Elias, second by Commissioner Cohen.  Approved 7-0.

AYES:     Commissioners Yanez, Carter-Oberstone, Byrne, Yee, Hamasaki, Elias, Cohen

CLOSED SESSION

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 3.09, “Department Awards”

(PRESENT: Commissioners Cohen, Elias, Hamasaki, Yee, Byrne, Carter-Oberstone, Yanez, Chief Scott, Deputy City Attorney Cabrera, Sergeant Youngblood, Sergeant Reynolds, Director Preston)

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 on non-disciplinary charges filed in Case No. IAD 2020-0142, and possible action on dismissal, or other action, if necessary (ACTION) Put over to a later date.

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 on Penalty regarding the Commission’s decision on January 12, 2022, in Disciplinary Case Nos. RMW C08-166 & RMW C08-167, or take other action if necessary (DISCUSSION & POSSIBLE ACTION) Put over to a later date.

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 and reassignment of Commissioner for the taking of evidence on the following cases: (ACTION)

Case No. IAD 2020-0072 – Appeal of the Chief’s Suspension

Case No. IAD 2021-0181 – Non-disciplinary case

Case No.  ALW IAD 2019-0123A – Appeal of the Chief’s Suspension

Case No.  ALW IAD 2019-0123B – Appeal of the Chief’s Suspension

Case No. ALW IAD 2019-0123C – Appeal of the Chief’s Suspension

(PRESENT: Commissioners Cohen, Elias, Hamasaki, Yee, Byrne, Carter-Oberstone, Yanez, Chief Scott, , Sergeant Youngblood, Sergeant Reynolds)

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 (ACTION)

PRESENT: Commissioners Cohen, Elias, Hamasaki, Yee, Byrne, Carter-Oberstone, Yanez, Chief Scott, , Sergeant Youngblood, Sergeant Reynolds)               

OPEN SESSION

VOTE TO ELECT WHETHER TO DISCLOSE ANY OR ALL DISCUSSION IN CLOSED SESSION

                Motion by Commissioner Elias, second by Commissioner Cohen for non-disclosure.  Approved 7-0.

AYES:     Commissioners Yanez, Carter-Oberstone, Byrne, Yee, Hamasaki, Elias, Cohen

DISCUSSION AND POSSIBLE ACTION TO APPROVE DEPARTMENT BUDGET FOR FISCAL YEAR 2023/24

                Director Henderson spoke of previous discussions regarding officers on the Brady list specifically on the budget from the meetings of May 19, 2021 and January 19, 2022.  Chief Scott stated that that information has been made public.               

GENERAL PUBLIC COMMENT #2

                None               

ADJOURNMENT 

Thereafter, the meeting was adjourned at 12:45 a.m.