Police Commission - April 20, 2022 - Minutes
The Police Commission of the City and County of San Francisco met at City Hall Room 400, at #1 Dr. Carlton B. Goodlett Place at 5:37 p.m.
PRESENT: Commissioners Elias, Hamasaki, Byrne, Yee, Carter-Oberstone, Yanez
GENERAL PUBLIC COMMENT
Rita Lark spoke regarding a bill from Sacramento titled, “No Place Like Home,” and asked the commission to look at the bill and support it.
David Elliott Lewis spoke regarding the CIT program and how it’s working and commended the program and thanked the commission for their support and help in creating it.
John Crew spoke regarding the arrest of three police officers and spoke of the culture of the department.
Susan Buckman, Wealth & Disparities, read a quote from their founder regarding anti-Blackness in San Francisco by SFPD officers.
David Aaronson, Wealth & Disparities, read a quote from their founder regarding anti-Blackness in San Francisco by SFPD officers.
Jean Bridges, Wealth & Disparities, read a quote from their founder regarding anti-Blackness in San Francisco by SFPD officers.
Francisco Dacosta spoke asked the Commissioners to look into the redistricting task force and see what they can do to improve quality of life issues in San Francisco.
CONSENT CALENDAR
- Family Code § 6228 Incident Report Release Quarterly Report, 1st Quarter 2022
- SFPD SB 1421 & SB 16 Monthly Reports
- DPA SB 1421 & SB 16 Monthly Reports
- Presentation of the monthly Collaborative Reform Initiative (“CRI”) Update
- Police Commission Disciplinary Actions Report, 1st Quarter 2022
Motion by Commissioner Yee, second by Commissioner Byrne. Approved 6-0.
PUBLIC COMMENT
None
Chief’s Report
- Weekly crime trends
- Major/Significant Incidents
Chief Scott reported on the arrest of two officers and one retired officer. The Chief read the press release that was released yesterday:
“The San Francisco Police Department today announced the arrest of two current police officers and one civilian retired sworn member in two separate and unrelated incidents. The retired member was working for SFPD in a part-time capacity under the City’s Prop F program, which enables retired city employees to work a limited number of hours to help meet staffing shortages.
Williams Case: On August 9, 2021, personnel from SFPD’s Property Division were conducting a routine inventory when they discovered a missing firearm. On August 12, SFPD’s Internal Affairs Division was notified of the missing firearm. SFPD investigators immediately launched an investigation, which ultimately established that retired San Francisco Police Officer Mark Williams was in possession of the missing firearm. Retired Officer Williams was immediately terminated from his part-time position with the police department.
On Friday April 15, 2022, a San Francisco Superior Court judge signed and issued an arrest warrant for Williams. On Tuesday, April 19, Williams voluntarily surrendered himself at San Francisco County Jail where he was booked on charges of unlawful possession of a machine gun (32625(a) PC), possession of a silencer (33410 PC), and embezzlement (503 PC).
Lyons and Sien Case: On July 3, 2021, investigators from the SFPD Internal Affairs Division were notified of an incident involving the destruction of evidence the prior evening on the 700 block of Mission Street. SFPD investigators launched an investigation, which established that Officer Kevin Lyons and Officer Kevin Sien were responsible for the destruction of evidence. At the time of the incident, both officers were assigned to Tenderloin Police Station. Lyons, a 21-year veteran of SFPD, and Sien, a five-year veteran of SFPD, were immediately transferred to assignments with non-public contact.
On Friday, April 15, 2022, a San Francisco Superior Court judge signed and issued arrest warrants for Lyons and Sien. On Tuesday, April 19, Lyons and Sien voluntarily surrendered themselves at San Francisco County Jail. Lyons was cited and released on two charges of destroying or concealing evidence (135 PC). Sien was cited and released on one charge of destroying or concealing evidence (135 PC).
”The actions of these SFPD members violate the law and regrettably fall far short of our department’s shared valued,” said San Francisco Police Chief William Scott. “As sworn police officers, we have no higher obligation than to earn and maintain public trust, and we are disappointed that these incidents detract from the outstanding work done by our officers and non-sworn members every day. At the same time, we are grateful to our Internal Affairs Division and its members for the thorough investigations they conducted and the cases they presented to the special prosecution division of the San Francisco District Attorney’s Office. Their diligence affirms our department’s commitment to accountability and the principle that no one – including a current or retired police officer – is above the law.”’
The Chief reported on a homicide incident outside the reporting period. On the 1200 block of Buchanan, there was a shooting that resulted in a homicide. There were three shooting incidents: In unit block of Northridge in the Bayview, on April 13th, victim was shot inside the residence and was transported with non-life threatening injurie. No arrest made, investigation is ongoing; on April 14th, in the Taraval, victim was shot twice in the abdomen then drove to a family’s residence then transported to the hospital. No arrest made; investigation is ongoing. On April 15th, unknown location in the Bayview, victim self-transported to the hospital after being shot in the face. No arrest made; investigation is ongoing.
Significant arrests: Retail thefts that occurred in two Walgreens where four suspects committed an organized retail theft. During the second incident, an officer arrived and confronted one of the suspects matching the description, rushing out of the Walgreens. The officer tried to detain him and notice three other suspects involved in the theft exiting the Walgreens fleeing from the location. Officers were able to detain all four suspects and taken into custody. The four suspects were also tied to a burglary that occurred on April 14th. There was also a robbery with a firearm, part of a series of robberies: On March 25th, a robbery on Irving and 19th in the Taraval where victim entering her Tesla when her car was blocked by a tan Hyundai. One suspect ran out and robbed her at gunpoint. Suspect vehicle was a stolen vehicle. On April 10th, officers located suspect’s vehicle in the Bayview and a warrant was retained. On April 13th, suspect’s vehicle was noticed driving around the city committing several auto burglaries. Officers attempted to make an arrest when the suspect fled with a gun in his hand but was later taken into custody. Other suspects, total of four, were taken into custody in connection with all the incidents and all suspects are charged with auto burglary.
Chief Scott reported on crime trends YTD: Violent Crime up 3 percent; homicide up 30 percent; rape up 3 percent; robbery down 2 percent; assault up 9 percent; human trafficking down 50 percent. Property Crimes up 10 percent; burglary down 32 percent; motor vehicle theft up 5 percent; arson down 23 percent; larceny theft up 27 percent. Gun violence is down 22 percent compared to 2021; 3 shooting incidents for the week ending on 4/17/22; total 49 incidents resulting in 57 victims YTD. No homicide for the week ending 4/17/22; there are a total of 13 homicides YTD.
PUBLIC COMMENT
David Elliott Lewis thanked the Chief for his report and spoke of how long investigations should take and stated that speedy investigations will create trust for the public.
DPA Director’s Report
- Report on recent DPA activities, and announcement
Chief of Staff Rosenstein reported: In the year 2022: 186 cases opened; 184 closed; 272 pending; 10 cases sustained; 29 cases past 270-day; 6 cases mediated. Cases received in the past week: 14; 1 failed to write an incident report; 1 called someone a derogatory name; 3 drove in a reckless manner and failed to respond to a call for service; 2 failed to release a child to their parent and provided wrong incident report number; 1 was rude when a person went to the station to file a report; 1 refused to act over a person committing a crime; 1 harassed a person while they were loading passengers in a vehicle; 4 did not take the complainant’s report.
Audit: Finalizing audit for officers’ misconduct which will look at three years of data and focus on SFPD’s handling of police misconduct.
Operations: Kick off on civic bridge program and they will help an online system where complainants can track status of cases online.
Outreach: Can be found on community calendar on the DPA’s website and posted on Tweeter, Facebook, Instagram and on DHR’s website: Northern Station Safety Community meeting outreach.
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 Byrne would like to agendize the Tenderloin situation particularly nighttime in the Tenderloin and calendar it for the first meeting in June.
Commissioner Yee thanked Commissioner Byrne for meeting with UC Hastings and Urban Alchemy and commended the work of Urban Alchemy and stated that they need to be supported.
Commissioner Elias addressed Commissioner Hamasaki last meeting and commended him for his work with the Commission.
Commissioner Hamasaki commended Commissioner Elias for staying on the Commission and thanked the Commission staff, the City Attorney’s Office, partners at DPA, Paul Henderson, Samara Marion and the community that helped guide his work with the Commission. He thanked all the commissioner who are willing to serve.
Commissioner Yanez thanked Commissioner Hamasaki for setting the tone as to what the commission can do for the department. He asked that Community Policing DGO be agendized and that CART be agendized for future meeting.
Acting Director Rosenstein thanked Commissioner Hamasaki on behalf of the DPA.
Chief Scott thanked Commissioner Hamasaki for his help to move the department forward.
PUBLIC COMMENT
David Elliott Lewis spoke of CART which stands for Compassionate Alternative Response Team and stated that he is glad that this will be agendized for a future meeting.
PRESENTATION OF THE ANNUAL CRISIS INTERVENTION TEAM (“CIT’) END OF YEAR REPORT 2021
Commander Rachel Moran gave a brief background regarding the SF Crisis Intervention Team. She commended the work of the CIT Unit and how it has changed the way policing is done and how to handle people In crisis.
Lieutenant Mario Molina presented the year end CIT report.
PUBLIC COMMENT
David Elliott Lewis spoke of how the program is remarkable and the positive effects of the program and how it taught officers to give time and distance and commended Lt Molina for his work.
DISCUSSION AND POSIBLE ACTION REGARDING THE DEPARTMENT’S CLEARANCE RATES
A/Deputy Chief Raj Vaswani presented and discussed the SFPD’s response to the inquiry by Supervisor Ronen.
PUBLIC COMMENT
Ms. Paulette Brown called about her son Aubrey Abrakasa and how his case is still not solved and asked how can we find a way to solve these unsolved cases.
PUBLIC COMMENT ON ALL MATTERS PERTAINING TO CLOSED SESSION
None
VOTE ON WHETHER TO HOLD CLOSED SESSION
Motion by Commissioner Carter-Oberstone second by Commissioner Byrne. Approved 6-0.
AYES: Commissioners Yanez, Carter-Oberstone, Byrne, Yee, Hamasaki, Elias
CLOSED SESSION (9:04 p.m. – 11:15 p.m.)
a. 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 decide guilt and penalty, if needed, or take other action, if necessary, on disciplinary charges filed in Case No. DPA 0248-18
(Present: Commissioners Elias, Hamasaki, Yee, Byrne, Carter-Oberstone, Chief Scott, Assistant Chief Moser, Deputy City Attorney Porianda, Deputy City Attorney Porianda, Sgt. Youngblood, Sgt. Reynolds, Risa Tom, Attorney Rosenstein, Attorney Fox (via Webex), member involved (via Webex)) Commissioner Yanez is recused.
(These proceedings were taken in shorthand form by Ms. Paula Behmke, CSR., Behmke Reporting & Video Services)
b. 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 decide guilt and penalty, if needed, or take other action, if necessary, on disciplinary charges filed in Case No. ALW IAD 2016-0136 (DISCUSSION & POSSIBLE ACTION)
(Present: Commissioners Elias, Hamasaki, Yee, Byrne, Carter-Oberstone, Yanez, Chief Scott, Assistant Chief Moser, Deputy City Attorney Porianda, Sgt. Youngblood, Sgt. Reynolds, Risa Tom, Attorney Worsham, Attorney Hinckley, member involved)
(These proceedings were taken in shorthand form by Ms. Paula Behmke, CSR., Behmke Reporting & Video Services)
c. 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 decide guilt and penalty, if needed, or take other action, if necessary, on disciplinary charges filed in Case No. DPA 44025-20 (DISCUSSION & POSSIBLE ACTION)
(Present: Commissioners Elias, Hamasaki, Yee, Byrne, Carter-Oberstone, Yanez, Chief Scott, Assistant Chief Moser, Deputy City Attorney Porianda, Sgt. Youngblood, Sgt. Reynolds, Risa Tom, Attorney Rosenstein, Attorney Shea, member involved)
(These proceedings were taken in shorthand form by Ms. Paula Behmke, CSR., Behmke Reporting & Video Services)
d. 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 sustain, reduce, or reject suspension imposed, or take other action if necessary, following Appeal of the Chief’s Suspension filed in case no. IAD 2019-0165
Put over to a later date.
e. 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 and possible action on dismissal, or take other action, if necessary, on the following cases:
(i) Case No. IAD 2021-0244
(ii) Case No. IAD 2021-0297
(iii) Case No. IAD 2021-0303
(iv) Case No. IAD 2021-0173
(v) Case No. IAD 2021-0333
(Present: Commissioners Elias, Hamasaki, Yee, Byrne, Carter-Oberstone, Yanez, Chief Scott, Assistant Chief Moser, Deputy City Attorney Porianda, Sgt. Reynolds, Risa Tom, Attorney Worsham)
(These proceedings were taken in shorthand form by Ms. Paula Behmke, CSR., Behmke Reporting & Video Services)
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 Elias, Hamasaki, Yee, Byrne, Carter-Oberstone, Yanez, Chief Scott, Assistant Chief Moser, Deputy City Attorney Porianda, Sgt. Youngblood, Sgt. Reynolds, Risa Tom)
OPEN SESSION ( 11: 15 p.m.)
VOTE TO ELECT WHETHER TO DISCLOSE ANY OR ALL DISCUSSION IN CLOSED SESSION
Motion by Commissioner Elias, second by Commissioner Yanez for non-disclosure. Approved 6-0.
AYES: Commissioners Yanez, Carter-Oberstone, Byrne, Yee, Hamasaki, Elias
PUBLIC COMMENT
None
ADJOURNMENT
Thereafter, the meeting was adjourned at 11:20 p.m.
