Time . Im not sure. Well have to get that. Im just looking for the numbers of the paramedics to the e. M. T. S. Also, the point is were anticipating the opening of station 49, the new station 49, and i cant remember exactly when that was going to be projected to. Do you have some information the latest that we got was october 2020. October 2020, which is quite close. Next year. So there will be, beyond all of the other work, a transition from the old station 49 to the new station 49. Yes. Thank you very much for your comments and reports. Item 6, proposed Commission Rules to provide an administrative appeal in certain disciplinary cases. Deputy City Attorney brad russi to provide an overview. Thank you very much. Welcome, mr. Russi. I know that the commission has information in their doc ketskets, with that, in terms of item six, do you wish to proceed . Sure. Good morning commissioners and good morning chief. We have two items that relate to disciplinary process. Ill talk about the first one first. The as you know, the disciplinary process is laid out in the citys charter, which is sort of like the citys constitution. In a lawsuit about a year and a half ago, the court of appeals found that with respect to a police case, that the citys disciplinary process laid out in the charter does not fully comply with state law. So for members of the Fire Department, there is an annalgus provision of state law that would apply, meaning there is provision for members of the Fire Department as well. So what you have before you in terms of the first item is our administrative rules actually, let me explain first. The legal vulnerability with the charter provision is that there is not an administrative appeal offered following the commissions final decision in a case that involves the discipline of more than 10 days. So what state law requires is that for the citys final decision in a disciplinary case involving a member of the Police Department or the Fire Department, there needs to be an opportunity for the member to aply appeal that decision. Our current charter provision requires that where a chief is seeking discipline of more than 10 days suspension, up until dismissal, that the chief file the charges before the commission, and the commission makes the final decision. We dont presently have an appeal to that decision. The member would need to go directly to court to challenge it. The administrative rules that we put together for you in item number six would provide that the nobody has an opportunity to appeal the commissions final decision to an Administrative Law judge, who would be employed by the office of administrative hearings, which is a state agency. The city has a contract already with that department, with that state agency. And these rules mirror rules that the Police Commission adopted to provide an interim solution to resolve this problem for the Police Department. So they went through the entire commission process, they met and conferred with the Police Officers association, and these are very similar, if not exactly the same, to the rules that are applied to the Police Department. And so with respect to this first item, the commission would we would recommend that the commission adopt these rules, subject to meet and confer with the affected unions. Im available to answer any questions about that. Thank you very much, commissioner veranissi. Im sorry, Vice President covington . Thank you, mr. President. I move that we adopt the rules for administrative appeals as submitted by our City Attorney. Thank you for that motion. And im going to have commissioner ve veranisi at this particular time. I had a quick question because i was on the Police Commission for a little bit, and i saw how that second appeal was used to delay matters, and i dont want to get into a situation because i think our current system, while it is broken and needs to be fixed, by adding that second layer on that is a Legal Process caused years and years of delay on disciplinary cases. And we had cases caught up in appeals, and it was always a threat, oh, were just going to take it to an Administrative Law judge, and they ended up doing that, and i had cases that went on for years that i never saw the end of because of that. So i just had a quick question. The issue is that the person being charged doesnt have an administrative appeal remedy, right . On the cases that go directly to the commission. So what occurred in the Court Decision was that the court found that state law required the piece officer personnelpeaceofficer pt requires an administrative appeal from the citys final decision in the disciplinary matter. Im not sure what youre referring to specifically to your time on the Police Commission because this is a new thing that the Police Commission adopted in the last year and a half or so. I think there still may be a provision of the rules that apply to the Police Disciplinary cases, that allows there to be an outside officer that hear those cases. This is different. These rules provide that there is a timeline set out so the member has to file the appeal within 30 days of the commissions final decision, and there are timelines for the Briefing Schedule and when the hearing has to happen. I think this wont be dragged out as long as from what youre referring to with your time on the Police Commission but these rules are new within the last two years. Okay. Couldnt with fix the problem by as long as were doing a Charter Amendment, right, we might as well look at this thing holistically and try to fix it with the input of the union, of course. But couldnt we fix the problem by allowing giving the chief the final decision and then having the administrative appeal come to the commission for a final hearing, as opposed to going to an outside body of which we have no control over . Right. And that is the solution that were proposing in the second item that relates to this issue of the Charter Amendment. But the recommendation of my office is for purposes of the interim solution, and i dont know whether it is in the power of the commission to delegate had authority to the chief. Right. Because the charter already provides that the chief makes the recommendation to the commission, and the Commission Holds the trial and issues a decision in a manner that is more than 10 days but since were changing the charter, cant we just fix the problem there . For the next item that is under consideration, youre recommendation what the Commission Wants to see in the potential Charter Amendment, that is the solution. Okay. That would be presented to the board of supervisors, and if the board wants to put it on the bullet, then t ballot, thene voters. It is an interim solution until the charter can be amended. Got it. Thank you for that clarification. Thank you very much, commissioner. Commissioner cleveland . Thank you, brad, for your report. Just a quick question has local sub 98 signed off on this . Or they will review it once the commission has approved it . Basically, as i said, the motion i dont know whether commissioner covington said this in her motion, but it should be adopted subject to the meet and confer. So if they want to meet, the city would do that. And if the city agrees to any changes, then the rules would come back to the commission for a final adoption. Thank you. On that note, i will second Vice President covingtons motion to approve these interim rules. There has been a motion and a second. Did you need Vice President covington to make clarity on that motion . As the City Attorney had said in his statements, it would involve meet and confer with the unions. So i have now said it as well. All right. Thank you very much. Is there any call for Public Comment . Public comment on this item . Seeing none, Public Comment is closed. Commissioners, are you ready to vote. All in favor, say yea. Yea. Okay, item seven. Item seven, potential Charter Amendment concerning Fire Department disciplinary process. Continuing the same discussion, we separated it. As you all know, the city charter is sort of like the constitution that governs the city government. In order to cheque it change itt requires that the changes go on the ballot and the voters to approve it by a majority vote. In order to get something on the ballot, the board of supervisors has to place it there by a vote of six or more members of the board. The purpose of bringing this forward for you all to consider today is to, i guess, express your agreement, if this is how you would like to see the charter changed. The proposal that we put forward, which the chief has reviewed, would allow the chief to make the final disciplinary decision in all matters. So the way it works now is the chief can impose discipline up to 10 days, and for those up to 10day decisions, the members have a right to appeal. But anything over 10 days, the chief files charges with the commission, sort of like a recommendation to the commission on what discipline to impose. The change would allow the chief to make the final disciplinary decision in all matters, and there would be an appeal to the commission in all matters, the right to appeal. The member wouldnt have to appeal, but the member has a right to appeal to the commission, in all matters from oneday suspension up until termination. This seems to be the most simple way to solve the problem. So if you all recommend that this is what you want to see, or if you have changes, you can propose them, and i can make changes to the language in the proposal. But if youre happy with what you see before you, then the recommendation would be that you move to recommend that the board of supervisors consider this Charter Amendment. Thank you very much. One more comment, the Police Commission can they considered changes to their provisions of the charter and they actually approved the language. Their situation is a little more complicated than whats before the Fire Commission because they have a separate department, a department of Police Accountability, that has a role in discipline regarding Police Officers. Theyve come up with a somewhat more complicated solution. All right. Call for Public Comment on this item, number seven . Any member of the public who wishes to give Public Comment at this time . Seeing none, the Public Comment is closed. Commissioners, any discussions or questions at this particular point . Commissioner veranianisi. Sorry about that, commissioner cleveland. Thank you, mr. President , and mr. Russi, i appreciate and applaud your work on this Charter Amendment. And i would like to move to approve it. Thank you very much. Commissioner veranissi . Veranisi. I just want to clay what these changes are. Sometimes it can be a little confusing. The first page is the om only page that applies to the Fire Department, and the rest is all police stuff, right . Correct. The effect of this is i want to see, of course, if the chief sports this, because it is important for me to know whether or not she supports this, but the affect of this is that the commission will not see all cases brought directly to it, it will go to the fire chief, this chief or the next chief or whoever it is, and that may increase her load, correct . Well, the chief has a role in all disciplinary matters, regardless of whether she has to fill discipline so it is not going to increase the cases that go before her. That is good. It will decrease the cases that goes before us, which i guess is good. But it alt also takes the authority away on determination cases unless they are appealed through the chief . Thats right. We dont know whether it is necessarily going to reduce the case load for the commission. It may be that every member appeals their suspension up to 10 days, which would be cases you would have heard under the current system. But this gives every member to appeal any case, whether it is a oneday suspension or twoday suspension, so it could increase, theoretically, our case load . Well, you would only hear appeals. The way the charter works now, members anything under 10 days is an appeal. The chief can make the final decision, and the member decides whether or not they want to appeal. Were just expanding that to all discipline in order to address the state law. Im curious, and i think the number is pretty high. The number of cases that historically that have been brought to the chief for less than 10day suspension, are those historically all appealed . Because we saw a pretty high case load at one point. Im wondering what this will do to our case load. Nope. Its not . Nope. Im trying to get into this eyes wide open. Ill second the motion. And i should have also mentioned in my presentation that this the city must also meet and confer with the affected unions prior to placing this on the ballot. So there will be an opportunity for leeward to have a say. It is already too late to get this on the november 2019 ballot, but there are two elections next year, so there is still time for march 2020 and time for nov 202 november 20 as well. Commissioner veranisi, thank you. Commissioners, i call for the question, all in favor say yea. Yea. Any opposed . None. Madam secretary. Im 8, Commission Report, report on Commission Activities since last meeting on june 26,. At this time, are there any reports or updates from the commissioners . The only thing i want to duly note to you, commissioners, recently we have attempted to coordinate an activities calendar from the commissioners, in the sense that various commissioners make requests to the Chiefs Office or to the or even to the Commission Secretary. We would like to have this a little more centralized so there is a coordination, again. We have a new secretary for the Chiefs Office that im not quite sure many of you met yet. Teresa nutawit, who is the new secretary for the Chiefs Office as well. The spirit of this is a cooperative spirit in terms of continuing communications with the commissioners office. I just would like to make that gesture in terms of continuing that coordination. I dont know if we really got off into creating the activity calendar, but the attempt is certainly going to be something that were trying to accomplish. If there are no other questions or comments on this at this time commissioner veranisi . I dont understand why the activities calendar means. Are you saying if there is something you would like the department to participate in, we would communicate not with yourself and the Commission Secretary and the chief, but go directly to the chiefs secretary . No. Im trying to have it centralized that where our activities are at least centralized with the commissions office. At various times there are requests that we make as commissioners, maybe perhaps to the Chiefs Office, that the Commission Secretary is not aware of, nor am i aware of as president. Im only president for this term that is remaining, but the spirit of this is to have some kind of communication and coordination through the commissions secretary, of activities that were doing. Again, it is upon your discretion in terms of submitting that kind of information or requests. Sometimes we get requests that im not aware of, or the secretarys office is not aware of, and were just trying to centralize it in terms of cooperation. Are you saying you would like the communications to go to our Commission Secretary . Because there was a mention of the chiefs secretary to our secretary, hoping that the coordination through our secretary, the commissions secretary, will be a coordination between the Chiefs Office as well so that we are having some coordination and communication. And weve done this unofficially, looking at some best practice implementation upon the discretion of the president. And we have rotating collective leadership in this commission. So im just suggesting that now, as we move along, for the remained of this term. All right, madam secretary . Public comment on that commissioner report . Seeing none, Public Comment is closed. Item 9, agenda for next and future Fire Commission meetings. I enjoy the different individual reports through your deputy chief. I think that the report, when chief ravarro gave his report was really, really helpful. I believe this mornings report by chief tong was very wellreceived, and it gives an opportunity for us, as the commissioners, to have your individual command force do a presentation and verbalize. Within that spirit, upon your discretion, maybe this is a great opportunity to ask the fire marshal to maybe look at an updated presentation in terms of what is currently occurring within your area as well. I know there ar is a lot in your report, but at different times, perhaps you would like to have your colleagues within the command force be able to verbalize it as well. For us, as a commission, it gets us in touch with the individual chiefs. And thank you very much, chief tong, for this morning, because many of us have not had the opportunity as you ascend yourself in this position. And upon the discretion of chief nickelson and chief decasio, whether or not in is feasible at all. Thank you, president. That is absolutely feasible. We just need to be mindful of i think the next Commission Meeting is the chase center scenario. So im not sure if youre going to be closely involved with that. Yeah. So maybe we could do it in a month. Yeah, you can go under operations thank you very much. I think thats within the spirit of not taking the various chiefs out of order, but really working that as a collaboration between operation report and administration report. It just enhances materials as well, as other various components of the department. It is just good and healthy for the commission to be able to have interaction with the various chiefs, and whoever else this Commission Wants us to call on. All right. Public comment on this . No Public Comment. Commissioners comment . I have one quick question the commission has the obligation to do an annual review, i believe, of two employees, correct, the chief and one of the doctors . The doctors physicians office. And when do the reviews come up . I believe those are the only two. And the Commission Secretary. Right. There is an annual calendar that usually occurs in the Commission Secretary im not sure about the physician, but there is an annual basis we work off of. As far as the chiefs appraisal went, it was always started through the Mayors Office and d. P. H. They would send out the forms to get that started. And do all three of them happen at the same time . No. No. No . In terms of the commission, except for the chief. And in terms of the Commission Secretary, i think it was the last i believe the last time was in review of the past president at that time. At that time, i believe commissioner cleveland was president of the commission, and we agreed upon that evaluation being handled by the president of the commission at that particular time. Okay. Just so that our jurisdiction is covered. And dr. Torazo as well . Yes. I think upon your questioning, we can try to make that schedule. The one thing for me is that we work closely with the chief and maureen, but i dont know the doctor. And the only time he ever appears in front of us is when he does the annual review, and thats kind of a weird situation. The reason i bring this up is i would like, perhaps, some sort of presentation to what he is doing and how he is doing it, or what the state of the department, the health of the department is. Thats kind of his job. So that our only interaction with him is not our appraisal with him. I recollect that you brought up these comments prevly, spreviously, so we do he it under our discretion to bring the good doctor in for a summary update. And i asked the question last time in terms of daytoday supervision, and i believe it is under chief ellis office, just so we have that kind of oversight. In terms of jurisdiction oversight, it is us. And we could call the good doctor up on some timely matter. I think we can check with the Commission Secretary. I will, as to when he last appeared, which wasnt too long ago. I think the last time he appeared for us was permission to obtain secondary employment. It wasnt the actual review. So it could have been a year ago. I dont want the first time i see him to be the time that were doing his appraisal. Duly noted, commissioner. I will work with the Commission Secretary to put that up at some timely manner in the future. All right. Any other comment, Public Comment, commissioners . Madam secretary. May i just yes. Thank you, president. I just received an email from d. H. R. About the employee appraisal report, so ill get that to you. Okay. Thank you very much, chief nickelson. Madam secretary . Item 10, a adjournment. I need a motion. It is seconded. This meeting is adjourned. As a reminder, please silence all electronic devices. Please rise for the pledge of allegiance. [pledge of allegiance] i would like to call role. Thank you. [roll call] commissioner, you have a quorum. Also present is chief William Scott of the San Francisco Police Department and director Paul Henderson from the department of Police Accountability. Good evening, everybody. This is to july 10th, 2019 meeting at the San Francisco Police Commission. We have a full closed agenda tonight so we will allow two minutes for Public Comment. I also want to announce, on item number 4, there was a working group that met today at 1 00 p. M. For about an hour and a half on s. P. 1421 and the purpose of the meeting was to work through the protocol that we were actually going to discuss tonight. Commissioners chaired that meeting, which i attended and they requested that we not address item four tonight so we will move that until that working group meets once again, maybe twice again and we have a final document to present to the full commission and to the public. We are taking item number 4 off calendar for today. Okay. We just found that out. Next,. Line item one, adoption of minutes, action for the meetings of june fifth and 12th, 2019. Is there a motion on that . So moved. Second. All in favor . Im sorry, Public Comment. Any Public Comment on the minutes . No Public Comment. Public comment is closed. Do we have a vote please . All in favor . Aye. Any opposed . The motion carries. Next item, please. Item two, consent calendar, receive and file, action. Police Commission Report on disciplinary actions, Second Quarter 29 2019. Are we looking for a motion on this . That is correct. All right. Any comment by the commissioners any Public Comment on item two . No Public Comment. Do we have a vote . All in favor . Aye. Any opposed . This carries unanimously. Next item, please. Item three is reports to the commission, discussion. Three a, chiefs report, weekly crime trends, provide an overview of offences occurring in San Francisco, significant incidents, the chiefs report will be limited to a brief discussion of a significant incident. Commission discussion will be limited to determining whether to calendar any of the incidents that are described for a future Commission Meeting. Major events, provide a summary of planned activities and events occurring since a previous meeting. This will include a brief overview of any unplanned events or activities occurring in San Francisco having an impact on Public Safety. Commission discussion on unplanned events and activities that the chief describes will be limited to determining wedding to whether to calendar for a future meeting. Presentation of the departments collection and analysis of Sexual Assault kit evidence and reporting of results to Sexual Assault victims report. Good evening, chief. Good evening, commissioners. I will start off the report this week with the crime trends and talk about significant incidents that are happening over the past weekend since the last Commission Meeting. Starting off with the general crime trends, our overall part one crimes are down 12 from this time last year. Our total viable crime is down 15 . We had a homicide overnight, early this morning, so that puts us at 23 for the year. We were at 23 the same time last year. We have lost some ground on homicide. During the past week, we have had three homicides and i will go into a little bit more detail on those. Looking at gun violence, we are down 19 over 2018 and our total property crime, we are down 11 over this time last year. Auto burglaries are still down at 13 compared to 2018. In terms of other property crime , burglaries are down 17 . We are up 1 in Motor Vehicle theft and overall, larceny is down 12 . As i stated, we had a busy week and a bad week in terms of homicides. We had three in the past week. I will go briefly over a synopsis of these ones. There was one on july 6th at 3 30 a. M. , approximately 330 in the morning. Im sorry, july 7th. A little after midnight. We had a homicide in the southern district. The victim and a witness left a nightclub in the area, walked to their perk parked car, and they were approached by a gunman , actually, 12 to individuals. One which had a gun who demanded their wallets. We believe this was an attempt to rob the victim. Our witness ran away from the seen and heard three gunshots. The vehicle sped past him, and at that time, he noticed that our homicide victim was lying in the street. Our victim was pronounced deceased at the scene. We do not have the suspect in custody on that particular case and we need to the publics help on that one. Again, this was at right after midnight. Fortyfive minutes after midnight. It was at the scene of a nightclub. There were witnesses and we believe that we believe were present. If anybody knows anything, please call in to our tip line. Our second homicide of the week was all around the 8th of july , right after midnight. This is at the 3200 block of mission and 24th street. Twentyfourth and mission. Our officers responded to a spot shutter activation. When they arrived, they saw a vehicle that they believed to be involved and they followed it. At the same time, witnesses in the area called for reports that a person was down at the location down in the street. The officers followed the vehicle and the passenger of the vehicle fired one round from the vehicle at an unknown car. The officer then lost sight of the vehicle right off of the freeway. The victim, a juvenile male, was found deceased at the scene. We did not locate any other victims from the second shooting from the vehicle. This was earlier this morning just around midnight. Two victims were located at the location with gunshots. We dont know at this time what the motive is for the shooting. One of the victims succumbed to his injuries and was pronounced deceased at the scene. The other victim was transported to San Francisco general with gunshot wounds. We dont have the motive, as i stated, so theres a lot of investigation that we have to do on this one. This is a pretty fresh case because it happened earlier this morning. Again, if there were any other witnesses that have information that would help us solve this case and get to the bottom of it , please call us on that. The location was yosemite and jennings in the Bayview District additionally, we had two other shooting cases this past week. One was a spot shot or activation. We had a victim who was with a group of friends. They ended up in the Candlestick Park area. They believe they were followed by a second vehicle that contained our suspects. The victim fell asleep and awoke with a group of guys attacking the group that he was with. The victim saw one of the males and had a gun, and tried to run. He was shot as he tried to enter the vehicle from the location. That victim is expected to survive, and there are no lifethreatening injuries there. The suspect in this shooting is still out there as well. The last shooting was at the 300 block of high street in street in the tenderloin. Our victim self transported, or was transported by a private individual to the hospital with gunshot wounds to his arm. Our officers located a vehicle and observed what appeared to be gunshots into his vehicle out of the rear window. That investigation is also still ongoing. We do have some leads on that one, but again, if anybody has any information regarding this shooting, please call us. This occurred on july 5th at a proximally 10 00 a. M. In the morning. For major events, we have the biggest event this week that is the sin con convention. We expect approximately 80,000 in attendance and that will be tuesday, july 8th. No issues expected. We will be deployed to address the crowds there, but again, no issues anticipated for that event. In terms of significant events, i wanted to talk a little bit about our participation in pride the pride parade. It was very well attended. I know many of you attended. There was a protest there that got a significant amount of coverage from the news media. I will read our statement on that and make a few comments on that. At approximately 11 00 a. M. , a group of protesters blocked the San Francisco plight pride parade at Market Street near sixth street. The protesters broke down barricades and through Water Bottles that officers as they rushed onto the parade route. San francisco Police Officers attempted to contact the protesters at least once and we actively fought with they actively throughout fought with officers. Our officers took two people into custody during that incident. A. 21yearold individual from oakland who was arrested and charged with battery of a Police Officer and resisting arrest and interfering with the parade route. Theres also a 27yearold male was arrested and charged with resisting arrest and interfering with the parade route. Prior to that, organizers made contact with the protesters, many of whom were sitting in the roadway and blocking the parade route and were peaceful. A proximally 12 00 p. M. , the protesters agreed to leave the streets and reopen the parade route. There were some complaints filed in this incident. The department of Police Accountability has several, if im not mistaken, investigations that they will be investigating on this case. Officers were able to locate the Body Worn Camera footage and there is over 40 in total. Theres a lot of evidence to review in this case and this investigation as this investigation unfolds, we will be in contact with d. P. A. To give them what they need to investigate this case. That concludes the chiefs report. Okay. Vice president taylor . Hi, chief. I have a couple of questions for you. One, you beheld full to know if the 23 homicides, just to give us some sense of how many of these homicides have cases pending, how many have resulted in convictions, where are we . We are at 23 now and we are roughly mid july. It be nice to have a sense of where we are on those. The second question, i know i have asked you before, sex trafficking. For a while you were updating the commission with those stats, and as i understand it, they are somewhat difficult to tally or calculate but it would be nice to know, you know, at some point , i want to have that conversation because it is a problem and it is something that i think a solution should be kept uptodate on. Yes, maam. With the homicide, it is the if the commission is okay with this at our next meeting, i can give a detailed report on the clearance rate for the year and our clearance rate for last year prior to the three over the past week, we actually were somewhere around 80 . I know the deputy chief is here. We were actually doing really well. Hopefully we will follow these three as well, but we have had some really good fortune with our clearance rate. A lot of community support, and we hope that these three we will be able to solve. Again, when he the publics help i will have a more detailed report for the clearance rates at the next Police Commission hearing. I am glad you brought up the pride parade and a demonstration there are pictures there is pictures of officers with time some type of weapon, but people were saying they are pointing it at the demonstrators and people in the parade and i just dont know what that depicts. I thought i would share that with you. That is a sudden range impact webbing that the officer has. That is the beanbag type of gun . Yes. I dont know the context but it definitely looks like it was at the parade and the officers look like they are taking somebody in custody behind the officers. If i could just say this, the situation, strictly for their spontaneous protests with that many people, well one of the things on Public Safety perspective is we dont really know what we have one somebody, you know, reaches barricades and whether they will protest, block of parade, and we dont know how me people are involved. It is a situation where we had to take Public Safety perspective very seriously. There is a lot of people there just trying to enjoy the day and the officers have a responsibility to take action. Im not saying that anybody here is saying we didnt have responsibility to do that, but it is a very volatile situation that can go down very quickly. When you have that many people involved, the last thing we want to do is create a situation where it gets worse by the way we handle it. But we had to get, number 1, a sense of what we had their whether this was just a protest, a peoples protest, or whether it was something worse than that in this particular case, i think the parade was delayed at least an hour. From the other side of managing the crowd and the situation, people were starting to get a little restless with the delay in the parade. We had to keep the crowd peaceful and make sure that the situations dont turn violent. In this situation, there were Water Bottles thrown at the officers, although the majority of the folks that were protesting were very peaceful, there were some people who were not in terms of their actions. I thank you misunderstand. A lot of people, the average person, people with children there and stuff, they dont know what that gun is. To them it looks like an ak47 being pointed at the people. They were alarmed. I got calls about guns being pointed at people. I think it is something to make a statement about, that they didnt have any guns and this is a particular part of weapon type of weapon. If you dont inform the public, people are really alarmed. They thought they were pointing it at the crowd. Yes, maam. That is a beanbag. No guns, beanbag or otherwise were pointed at the crowd. Those officers were called, and the reason i went into that long explanation is those officers were called at the onset. We really didnt know what we had. We knew that people reach breached the barricades, but we didnt know how many initially. We took precautions to make sure that everybody was safe. The officer holding the weapon had it pointed towards the ground but there was no use for it in terms of extended range or impact weapons, or any other weapons that were pointed at any individuals. It is important to make it available to the public so they dont think there are ak47 weapons pointed out people at people. Thank you for that clarification. Thank you. Next item please. Next item is a presentation of the department of collection and analysis of Sexual Assault kit evidence and reporting of results to Sexual Assault victims reports. Good evening, commissioners, chief and director henderson. I am the deputy chief of the Police Departments investigations bureau. Im here tonight. I brought with me a captain from the special victims unit and director john sanchez from the Forensic Services division. We are here to give you the semiannual report that you get every six months in relations to the collection and submission in testing of the Sexual Assault examination kits. You should all have in front of you the information that we have provided to you. I will go over it briefly and then we i will be happy to answer any questions. This is for the period of january first through june 30th of 2019. During that time, there were 165 , 161 kits that were collected and submitted to the crime lab within five days of the incident occurring. They were four additional which would make it a total of 165, that were submitted to the crime lab but were not submitted in the last five days. Those were submitted from collections from outside jurisdictions. Those were Sexual Assaults that occur in other jurisdictions, and once it arrives at our Property Control division, it is then transported to his to the clock crime lab for testing. This next line, line three on the report talks about the number of Sexual Assault kids processed by the crime lab within 120 day period. That is what is mandated by law. That number is different then the 165. That shows 174. What that means is they were Sexual Assault determination kids that arrived at the crime lab in the prior waiting period late in december of 2018. Those were tested during that period. There is an additional nine that were tested during that time that were counted as the last waiting period, but were tested during that time. The average time for the Sexual Assaults kits completion is 38 days. As you know, it is mandated that they be completed in 120 days. During the last waiting period, the average was 45 days. We have repeated that improved that by one week. We are happy about that. We did not outsource any Sexual Assault kids to any other agencies and looking at the number of Sexual Assault kids that were obtained in some d. N. A. Profiles, the number that had a foreign d. N. A. Profile that was entered in codes within 120 days was 84. The foreign d. N. A. Codes, naturally there were 30 of them. In a and apollo foreign d. N. A. Profiles with no code match was 54. The number of Sexual Assault not resulting in a foreign d. N. A. Profile was 90. When you look at the last three numbers, 68, six b. , and seven, that total is the 174. When you look at the outcomes and notifications, and this is part of the reporting that we gave to you, of the 165 cases, that is lines eight, nine, ten, and 11, 107 of them, the number of victims, there were 107. There were a number of survivors that refuse notification that we had information prior to. That was 34. The number of attempted notifications where we were unable to notify the survivor was five and the number of outsized outside agency cases totalled 19. Moving on to the second page, and this is the results of the cases during the sixmonth period, of the 165 total cases, that would be lines 13, 14, and 15 combined, there were 86 that became inactive. Fortyseven that were cleared or closed, and 32 that remain open. When the last two numbers are, of those cases, the number that were charged by the d. A. And the number that the District Attorney discharged and that was a total of 20. With that, i am more than happy to answer any questions that you might have. Could you go through the definitions to start with with inactive cases and clear cases . So the public knows what those mean. Inactive cases, theres a couple of components to it. The first is that theres a result when there is an unknown suspect or no d. N. A. Uploaded for later identification, so there is no evidence that helps us in the case. Another reason that a case of the inactivated is there as an unknown suspect or d. N. A. Uploaded that has not yet been identified. That case will remain inactive until it becomes identified and then it will become an active case. That case could stay active if there is other information pending. The victims can become uncooperative or refuse any other further contact after the Sexual Assault evidence is collected at a rape treatment center. The last reason for an inactive reason would be for the known suspect and victim where cooperative and the suspect through the sex was consensual and there is no other corroborating evidence to show that there was Sexual Assault. And then when it comes to cleared cases, sometimes theres four ways in which we make the case is clear. The first is that they are adjudicated, you can make an arrest in those instances. Sometimes there is an outside jurisdiction investigation, so it is completed at San Francisco General Hospital where the crime occurred in the city, but is an outside jurisdiction that investigates it. A victim Terminates Investigation and signs and agreements that they no longer want an investigation to occur, and the statute of limitations reached a case that it was formerly closed up. I think the other thing to add is there has been discussions in the past about backlog of Sexual Assault. As the commission knows, back in 2014 and 2015 the department had all of our backlog Sexual Assault dating back to the 1990 s tested completely. That was completed in early 2015 and we have not had a backlog of any Sexual Assault cases since then. There are no backlogs in the cases that do come in. For example, in this period, all of them tested with an average turnaround time of about 38 days thank you. Vice president taylor . Of the 47 cleared cases, is that right that only 20 of those are presented to the d. A. s office to prosecution or am i misreading this . I will have captain chin come up and he will talk to you more specifically about those numbers and remember these are only the cases that actually had a Sexual Assault kids that was completed. There are somewhere there was no kit and so those numbers arent included in this but i will add captain chin into clear that up for you. Good evening, commissioners, chief. Yes, you are correct. Out of the 165 cases, 20 were only presented to the District Attorneys office. That was made by the arrest for the sixmonth period. That is an incredibly low number. If you could give us some sense of why this is. Was this all for a lack of evidence . You can prosecute a Sexual Assault case without necessarily a d. N. A. Evidence and obviously want that, but give us some context so we are not just left with an incredibly low percentage, 20 out of 165, if you have it. Yes, maam. Out of the 165 that the jet bt chief beauty chief said, 86 were inactive, but we have cleared 47 out of those 47, 25 were cleared , 21 were out of county, which is one that was unfounded. Two of the 25 victims find a termination of investigation. Two of them stated that they made it up, so that makes 25. So the 20, like i said, 12 were filed and eight of them were discharged and there were two that were cleared exceptional, which means that we presented a warrant and the d. A. Declined to issue that warrant. So 47 of them actually were cleared out of the 165. Okay. I am just trying to do the math, and im no mathematician. So you have 86 inactive cases and that means all source of things, but including i am assuming that is a hybrid for insufficient evidence. But that 86 out of 165, and then you have 47 of those cleared, 86 plus 47 still does not get us to 155. And the 32 of open cases. There are some we are still investigating. Perfect, okay. And then within that, the d. A. s office charges approximately half of what you presented us. The d. A. Charge, 12 out of 22 is 60 and they discharge about 40 of the time. Do you have any sense of the basis of these charges . White were they discharged, generally . Seven of them were 24 l, which is lack of corpus. One of them was 95, which is motion to revoke probation. Rather then coming forward with a new charge they revoked the persons probation . That is correct. Thank you. I want to thank you. When this first came up several years ago, the commissioner deserves credit for this. He was the first to learn that there was a backlog and there were numerous kids that had never been tested. For us, we became the basis of what is the state law, but the time required by state law is 120 days. Were down to 38 days. We think members of the public need to know that prior to this we wouldnt test kits when there was a known assailant. If they identify the assailant by someone by name, they would not tested. We test every kid now whether it is known or unknown, and i have to tell you, some of the work that the commissioner and i were just talking about, the commissioner gets credit for this. I do want to thank you. I know the former chief is one that paid for an analyst and found out some of the testing. It is important for members of the community to know that these are serious crimes. We look at these numbers and how many cases are charged or not charged and it is important. I want to thank you for your work and this is just good news. I want to, in case he is watching, i want to think commissioner hammer for bringing this to our attention. I want to echo that. We were
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