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Transcripts For SFGTV Government Access Programming 20240714

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Bunch of people from an underappreciated neighborhood, and you get to put them all together. We all got to get paid to learn and bond. It was really cool because we all got to form this defensive community, this sense of strength. Im walking down the street and a. C. That guy, hey, i know him. He is that dude from the program. Had pegasus that sense of security in a not so secure neighborhood. I had a really fun time. It was great. There is no negatives about it. Theres a lot of mental strain that goes into it, the things the media is not providing. I have a new interest in the cadet academy. I would definitely be interested in learning more about that. Thank you. Thank you. [applause] good evening. My name is Daniel Collins and i would say my experience with the y. C. A. Was also really fun as a child who grows up with a family of Police Officers and Law Enforcement, i was always really interested in what really goes on in a courtroom and during arrests and everything. So while in the program, i definitely learned a lot and had fun during the process. What i really liked most was working with the Police Officers and what they do. When we went to the j. C. C. , we did a couple of, i think it was called, what was it . I forget the name, but it was like this game where they would give us the answer and we would have to ask the question or have a question to it. I thought that was really fun because with everything that we learned that day, we were able to answer those questions without problems, and so during the mock trial, i thought that was also really fun, too, because i was in an actual courtroom and i got to really experience being a district attorney, which i thought, it was hard given the circumstances of the case, but in the end, it was really just about having fun and learning new things. Thank you. Thank you. [applause] that concludes our reports. I can answer any questions. Thank you. I congratulate all of you and i think all of you for participating the way you do. Any questions from commissioners . First and foremost, thank you again. I know it is not easy to come up here and do public speaking at a commission meeting, but one of the things they wanted to ask of the department is to make someone who runs Youth Programs to make sure we look at the metrics. What are the metrics of these programs that we are operating . How many young people are coming back the following summer . How many are coming into the program and the academy . What is our engagement like with young people after the summer . We need to ensure we keep the positivity going. It is something i want to put on our radar. I think was some of the Major Companies and big data folks that we have, we should be able to provide that sort of information as we provide the great programs. Those are some of the questions that i have been some of the things i want to see moving forward as we go through the next summer. Thank you. Thank you. You have one other item, chief. Yes, and we have commander Robert Osullivan on the audit of electronic communications. Good evening, commander. Good evening. Okay, good evening, commissioners. My name is commander Robert Osullivan and i was recently reassigned to the chief of staffs office. I have been here previously. This will be my inaugural visit in my new assignment. Can you hear me okay . Thank you. Im here tonight to present the Second Quarter, 2019 bias audit , conducted in regards to potential bias that might be discovered through electronic communications. The audits are limited to devices the department owns and not any members personal devices. The audits capture electronic messages that are transmitted from personal devices to department devices. All members are aware that the departments electronic munication devices are audited and that they do not have an expectation of privacy. The following policies set this forth. The department general order 10. 08 which is use of computers and peripheral equipment, Department Bulletin 19051, which is titled as fpds members expectation of privacy, use of Computers Peripheral facilities, and finally there is an internal Affairs Bureau quarter that speaks to the audit process. There are three systems that are audited. The three systems are as follows. The California Law enforcement telecommunications system, which is commonly referred to as plots, Department Email system, and finally text messaging Via Department issued cellular phones. I will explain how each of these systems are audited and results and results of the Second Quarter for 2019. First, the program was established with searches all entries to the system using an established word list. The audit process is passive in nature and runs continuously. If a member uses one of the identified words, a hit is generated automatically and sends personnel to access the portal. Each hit is printed, scanned, and saved to a file. Staff analyse his every hit throughout the week, at those determined to be potentially biased are investigated. It has been fully operational since december of 2016. From april 1st through june 30th, there were six hits returned from the program, and after review by members, known none of the six hits were determined to be bias based. Secondly, Department Email. All emails sent and received internally and externally through the departments server are audited using an established word list. The audit process, it is passive in nature. If an email contains one of the identified words on the list, a hit is generally generated automatically and send to personnel via an email address exclusively used for this audit process. Those emails are saved and maintained on the server. Staff analyse is every hit and those determined to be potentially biased are investigated. From april 1st through june 30th, there were 493 hits returned from the program, and after review i members, none of the 493 hits were determined to be biased. Finally, text messaging. Audits of Text Messages sent and received both internally and externally vh department issued phone is conducted by staff. Staff is trained to conduct active audits using a program developed by the cellular provider, at t, in the Information Technology division every 30 days, a search is done of all texts using the same established word list. Additional terms can be used, as well. Search parameters allow staff to Search Department systems for historical texts if necessary. For data not available on local systems, the cellular provider will be contacted to determine if Additional Information still exists on the servers. Staff analyse is every hit to determine the context in which the term was used. Those hits determined to be potentially biased are investigated. All false positive hits are saved by at t. From april 1st through june 30th, there were 23 hits returned from the program, and after review by members, none of the 23 hits were determined to be Department Member generated bias. Those are our results. Thank you. Any questions from commissioners . Thank you. Next item. The last item is the status update regarding building 606. The deputy chief will present this item. Okay. Just make sure you dont leave. Good evening. My name is greg yee, i am the deputy chief of the administration bureau. This is the update for building 606. In july of 2018, employee concerns increased stemming from the Media Coverage of the Hunters Point Naval Shipyard cleanup, and specific Media Coverage regarding building 606 later in july of 2018, the San Francisco Police Department, along with other departments, met with the employees of building 606. The employees expressed their concerns and provided and were provided at that time the cleanup updates that were ongoing. The employees were asked to provide very specific concerns and the types of testing they would like conducted. From that meeting, the San Francisco Police Department, along with public health, developed a comprehensive sampling plan to address the employee concerns. The employees were kept uptodate during the entire process, and after all the assessments were completed, the final health and Safety Assessment report was compiled, and a copy was provided to the members of building 606, along with the presentation. Based on the current project timelines from the department of public works, the traffic company, the new building that will be built, which will house the future frantic service division, that timeline is the fall of 2021. At this time, i would like to introduce his to Kevin Maloney from the department of public works will provide an overview, plus some findings of the health and Safety Assessment for building 606. Good evening. Good evening, commissioners. Do you all have a copy of this . We do. Please follow along. If you see here, this is the first line of our presentation related to the staff of 606. This is the third update of all the findings of our comprehensive sight mac assessment. Our support staff, including myself, i am assigned to as fpd my coworkers and my immediate supervisor, as well as the director, as well as the rest of Occupational Safety and health are at the disclosure of the department to provide health and Safety Services. D. B. H. Nsf p. D. Collaboratively can stand together to provide health and Safety Services to building 606 occupants and were committed to committing to do that through the duration of occupancy and Going Forward there is a brief history of what we have done so far. The deputy chief is already gone through that previously to explain to you what we have done historically. This all started a little over a year ago now when we first met up with staff and address their concerns. We began to collaborate and develop a copperheads of list of things that were concerns for them at 606. Once we developed that list, we began the sampling protocol. We started setting up meetings to present to the staff so everybody was on the same page. The second update was presented in december, which summarized everything with the exception of the radiological testing. On july 25th, it was our third update, which is one this presentation was shown, which we presented all the radiological findings and the summary of the whole comprehensive sampling assessment. This slide here is the report overview. It shows, on the left side, the concerns of 606 staff, on the right side, the corresponding section in our comprehensive report that was presented, which i believe you all have a copy of, as well. And so that we can have something that correlates, we have the concerns on the left, and the corresponding section in the report that correlates with those concerns. The first section of that has to do with indoor air quality, specifically hvac, which is heating, ventilation and cooling systems and how that would actually function. So tracing the efficacy of that , and we determined that everything is functioning appropriately and still actively filtering out outside air and providing clean air inside the space. The second concern was regarding asbestos and lead, airborne asbestos and lead. We did do copperheads of sampling of that over multiple weeks using static or fixed locations, as well as personal samplers that the employees would wear, and all of the samples showed no asbestos or lead present. Additional concerns were expressed by Drinking Water quality. Drinking water meaning the domestic supply that was plumbed into the building. We did actually do some testing with San Francisco Public Utilities commission. They wanted to analyse the samples. We did find that lead was led was present in the Drinking Water, specifically one level inside the building was above the action level for Drinking Water quality standards. Being that all the staff are being provided eight and continue continued to be provided bottled water, theyd it is not a Health Hazard at this time and they will continue to be prided provided with bottled water. And continuation of that, there are localized fixtures within the building to help reduce the handwashing and dishwashing and dishwashing is not a concern for occupants. The crawlspace standing water has been an ongoing issue out that Hunters Point, specifically due to some sump pumps in the crawlspace not functioning appropriately. Those are being rectified, but concern was addressed by facilities personnel to enter those spaces and d. P. W. Folks who have to go down there. We did not encounter any standing water throughout this whole entire wet season. That being said, were committed to do testing showed that water return. Should that water return. The next slide is about Waste Characterization of the soil pile, which is located behind building 606. The soil pile was excavated when they did some underground sewage work. The soil pile has remained on sight and there were concerns about contaminants in the soil so that was tested for disposal criteria and it made met all landfill criteria to go to a general landfill with no special precautions. It was tested for multiple things including heavy metals, pesticides et cetera. We talked about the delay in getting the data to the staff, which was presented to them the last meeting that we had. The radiological screening consisted of inside and outside the building, as well as the immediate vicinity, meaning the parking areas, the front and back, as well as the two east and west, as well as some employee vehicles. Some employees expressed concerns about driving in and out of Hunters Point shipyard and what could potentially be on their tires and inside their wheel wells. We inspected all of these areas we were there for the entire process. Samples were taken and testing was done inside the ventilation system, as well. There were no radiological hits of concern in the building or any of the parameters that he measured. In conclusion, based on this comprehensive health and Safety Assessment that we conducted, we are confident there are no health and safety hazards at building 606. A couple questions for you. The lead, im looking at page four, ledge detected in the water inside the building, and then you say water samples collected outside the building. Where is that from . On the whole process of getting into the shipyard, the plumbing system, the exterior plumbing coming up to meeting building 606. We kept it along the line and we did get lead hits sequentially increasing as we got to the building. Is important to know that we did find lead outside. It is not just building 606, but we did find things along the line. It is most likely due to stagnation and lack of use of the building, and not enough waterflow to clear lines out. The lead is reaching from the pipes, though . It could be coming from that rick could be consolidation from lack of use. Every time a city Agency Issues a report like this, within a week or two, the chronicle has an article, and it criticizes the report and it criticizes the city, and its hard to know what to make of that when you are a layperson like we are. Im just wondering, what do we do when we see criticism of the standards used or the criteria . How do we make sense of that as a commission . As a commission we are happy to help explain what the data means to show collaboratively what different regulatory agencies have as far as set points for these different parameters for health and safety, and were happy to explain what all of those mean in lay terms as best as we can to help you feel comfortable about what the data is actually showing. All right. You have assured the department and the people who work out there now that as far as you were concerned, it is safe in all regards. Yes, sir. Okay. Any questions from any other commissioners . Thank you. Youre welcome. Next item. Line item two b. , d. P. A. Directors report. Port on recent d. P. A. Activities and announcements. The report will be limited to a brief description of d. P. A. Activities and announcements. Commission discussion will be limited to determining whether to calendar any of the issues raised for future commission meeting. Good evening. Good evening. I have a number of updates. We started our new system, so it is difficult to collect. I dont have all the data that i typically have because of the new system and their Case Management system. Were still transferring a lot of the data in. I have some of the records. We are at 507 cases that are open so far this year. This time last year we were at 462 cases. In terms of cases that have been closed, we are at 438. This time last year, we were at 398. In terms of the open cases, we have 372 open cases right now, this time last year, we were at 262. Part of that increase are some of the sheriffs work that we are doing. I will talk about that in a minute, as well. The cases that are sustained, or 39, versus the 32 last year, and in cases mediated, we are at 26 versus 14, which is where we were last year. Some of the same some of the things that stand out are the increase in mediation. We have been working a lot with the department both to encourage the department to anticipate more participate more actively in mediation and with some of our cases, doing more of the mediation. In terms of the cases passed the 278 days, that are older than nine months in our department, we are at 40. This time last year, we were at 30. The majority of the cases are told, but i dont have the specific numbers that i typically would have. The system does not have that information yet. We havent pulled it all out yet. In july, the c. M. S. System became live, which is affecting a lot of our technology and a lot of our information that we are typically able to pull out, and we are having some challenges in getting the information both in and out of our system. People are still learning the new system from the staff. We do expect to have a lot of longterm benefits out of the system, not the least of which will be eliminating thousands of pages of duplicated work, and also, eliminating a lot of the duplicative data entry. For some of our cases, some of the information being entered into the system would be entered into the system at four different touch points at different times. The system is going to fix all that. And once we have all of the bugs worked out of it, we are currently working to build the reports for our continued requirement reporting his and our monthly root quarterly and annual case statistics and well talk about some of that as well. We will have a full presentation on all of our Technology Upgrade later on in the fall. I dont know if we have a date yet, but is coming in the fall. We will talk in depth about what those processes are. We completed the citys Surveillance Technology audit, which was a comprehensive thing that all of the departments have been asked to do. We dont have any Surveillance Technology, so that made it a little bit easier, but every department has been asked to complete the process, which we did, and we are now still, in terms of the citywide record portal, in the early early stages of creating our online portal for the release of records. The chief of staff recently met with the director of i. T. About this project, along with other custodians of Law Enforcement records. That is the commission, sheriff s department, District Attorneys Office and probation i talked about the mediation already. And we have another case in closed session later on this evening. The audience and my chief of staff and senior investigator are available in case issues come up together come up today that can be dealt with. I have just been spending a lot of time coordinating a lot of the work with the sheriffs structure. Mostly trying to coordinate with the mayors office, the board of supervisors, and the sheriff about what types of cases, what kind of work is going to be done with d. P. A. , and im sure most folks may have seen, but there was an officer involved shooting involving a deputy this week that we have on our caseload, as well all hands on deck. That is what d. P. A. Has been up to. Thank you. Any questions . Next item. Line item two c. , commission reports. Commission reports will be limited to a brief description of activities and announcements Commission Discussions will be limited to determining whether to calendar any of the issues raised for future commission meeting. Commission president s report and commissioners report. Any reports from commissioners . Okay, we are coming off the summer. Yes, just to let the public know, that the Bias Working Group has met twice this month and we are planning it has been three times since our last meeting, commission meeting. We plan to have another working group at the end of the month. Initially we were working on the bias d. G. O. Which is 5. 17, and in reviewing that, we realized that the 5. 03 which pertains to the investigations also needed to be revised given the bias d. G. O. We are almost 99 complete with the 5. 17. It was less than the working group. There was just one issue because the bias d. G. O. References investigations, and so at our next meeting, we will be reviewing the investigations , and i did speak with the chief, and it is our hope that we will have 5. 03 regarding investigations completed at the next working group, and those will be submitted to the chief for concurrence and hopefully to the commission at the same time , since the bias d. G. O. References fivepoint zero three. And investigative dissent detentions. We did complete the file regarding discrimination which is currently in review by the chief and concurrence. Thank you. Next item, please. Line item d. , commission announcements and scheduling of items identified for consideration of future commission regions meetings. Action item. [please stand by] good evening. About two andahalf weeks ago dpa discussed the challenges of complying with sp21. In learning about the morning i raced to city hall. What i got there. I need to stop you. This is general Public Comment. It doesnt touch on anything we have discussed so far. It is touches on the directors report about what they have been doing. Did you mention this at all . Why dont you save for general Public Comment. It doesnt touch on anything we discussed. We will come back to it. I know the dpa name is in there. It wasnt addressed and we will let you present it at the time for Public Comment. Any Public Comment on 2a through d only . Good evening. I am john jones. I would like to comment on the report. I dedicate my remarks to the memory of the late head of the soviet checker under linen. The failure to find true positives is due to the Police Departments failure to use the right words. The word you are using to detect the bad guys are inadequate. I want to suggest another word. That word is beer. We know from the kavanaugh hearings that they like beer. If you can find sworn officers talking about beer over the Police Network you can own in and get the bad guys. I think we owe it to the comrade to make this program work. Thank you. Hi, i am kelly cutler organizer at coalition on homelessness. I want to support the having a working group for asoc and i appreciate the chief presenting the homeless board and i think it is something to Work Together on to dig into. I see it as an opportunity. Thanks. Thank you. Good evening. Brad edwards, district 11. I wasnt at the Previous Commission meeting, however, i did watch it in its entirety as i typically do. It was among the best meetings i have ever seen as hopefully the correspondence made it to your respective files. I would also very much support and look forward to the meeting when we do discuss the working group. If thank you. Next item. Housekeeping to make a note for the record commissioner is now present. Item three issuance of Department Bulletin pink patch to support Breast Cancer awareness to modify 10point 01 uniform and equipment action. Do we have somebody the speak to this item . I can speak to it. From our Community Engagement division. Good evening. Good evening. Last year we made a very passionate plea to get the Pink Patch Initiative as part of our october uniform attire. This year our hope is to make this a continuing event every october like many other departments across the united states. All we are doing this year is we have added cadets and Police Service aids and ask that it be included every year as part of our annual event with the San Francisco Police Department. I did bring pink patches for you. I will ask to please get these to you so you can actually take a look at it first hand. The goal this october is to have 100 of the officers supporting this incredible cause. The proceeds will go to bay area cancer connection which is an organization really focused on Breast Cancer awareness and the details, education across the bay area. I am open for questions if you have any, commissioners. Any questions from commissioners . Are you charging us for these . Tell us how much the patches are. The patches are 10 each and Police Officers are required to have two patches on uniforms during the month of october. It is optional. It is not compulsory. We hope to have 100 of the officers supporting this incredible cause that is so near and dear to our heart. We have had officers both male and female impacted directly or through family members through Breast Cancer. Just to clarify. Those are suggested donations there is not a charge. Thats correct. Doesnt need board of supervisors approval. Chief. Deputy City Attorney covered what i was about to say. Thank you. Thank you very much. Thank you, commissioners. Next item. Is there a motion to approve the Department Bulletin pink patch project . So moved. Second. We need Public Comment on this. Any Public Comment on the pink patch Awareness Campaign and motion . Seeing none comments are closed. Ready for the vote. All in favor of approving the pink batch project. Opposed. Hearing none the bulletin passes unanimously. Line item 4 discussion and possible action to approve revised disciplinary penalty and referral guidelines foresworn members of the San Francisco Police Department for purposes of engaging in the meet and confer process with the Police Officers association as required by law. We worked on this many months ago for quite some time. The dpa assisted us. I think the california d. O. J. Had some input and reviewed it. It is here for discussion and adoption there are red line items for changes. Ir will open up for comments and questions. Commissioner elias. There are some edits on page 3 of 19. The aggravating factors is a typographical error. The fifth bullet point should be two. There are two categories. The employee should know his actions were inappropriate based upon experience and another bullet point the employee was not forthright or truthful during the investigation. Any discussion on that recommendation . The other question or addition that i had was on page 9 of 19 regarding domestic incidents. There was an addition that a violation of court order related to Domestic Violence included not limited to restraining order would probation terms qualify if there is a violation would that be included in this section . Isnt that deemed a court order . Are you saying so basically superior Court Somebody moves for probation violation they admit and are found true after hearing . Right. Is there somewhere. That is a violation of court order. That situation. Speak into the microphone. The person is on probation would have to comply by his probationary term. That is a court order he would violate to revoke to come before the court. That would apply under this definition. If you wanted to add a sentence including not limited to restraining order or violation, yeah. Are we creating more problems . I guess probation as long as people understand that which we understand in criminal. Our policies are supposed to out last us. That is the reason i understand why more specificity might be warranted. Are we trying to pass this tonight . We need to. This has been on the back burner for six months. That is a court order to provide by terms of probation. Hang on. We are going to approve this tonight and it goes to meet and confer. We still. I would prefer it not come back to the commission. It has been held up. We have been using something from 1994 for 25 years now. I think it should be clear that a court order is probation. Commissioner elias. We all know this. Sometimes when a person they dont adhere to the terms of probation, it is a violation. However, a hearing is held. At the hearing the Court Decides if a violation occurred. My question is if there is a violation of probation does that trigger the violation of court order or after motion to revoke hearing on probation . To be a violation of court order for due process you have to go through hearing and there be an admission or finding, right . But then there is a second level of discipline air redue process that would come in when it was filed with the commission or with the however it was filed. Chief do you want to weigh in on this point or a different point . I wanted to clarify the question. Are we talking about an officer who is on probation for Domestic Violence . Yes, sir. Part of a conviction for Domestic Violence is going to result in an officers firearm being taken away by the court which would get into conditions of employment. Most likely we wont have an officer to continue employment if they are on probation for Domestic Violence. I cant see that to be the case if they are convicted they are not allowed to carry a firearm. Sometimes specific violations would prohibit that person from carrying a firearm so they pick other charges that wouldnt tricker the prohibition. I think this section would relate to those offenses where there isnt an automatic prohibition of carrying a firearm to subject them to probation. You resolve it for a nonDomestic Violence plea but would say Domestic Violence terms. If i am overthinking. This is a guideline for discipline. If you want language in here, i dont have a problem with that. I dont want to start getting specific because then you have to run through a lot of other specificity. The court order. You could add after violation of court order or terms of probation related to Domestic Violence. That is still a court order. We can add additional words. The only reason you are on probation for Domestic Violence there is an order saying you cant do x. If you violated what you are violates is the courts order directing you to do x or not do x. The court order precipitates the event no matter what. It is the court order. As much as i enjoy being on the commission, i dont plan to stay for too long, and again, i understand commissioner elias point regarding clarity. I am on the fence. I dont see any harm to the language. Adding in language. What is the language you want to suggest . I guess you would put in not limited to restraining order for a probationary term. Including but not limited to restraining order or violation. Or probationary terms. Conditions of probation. That is fine. It doesnt add anything. Why dont you read the language so we have it in the record. We are going to adopt as is and prior to the pairren 2. 01 we would add after restraining order comma or condition of probation. Or conditions of probation. Any other additions . There is one other one. Page 17. I know i raised this issue last time with respect to how we incorporate implicit bias in the section. There are two things. First, i think with respect to the d. G. O. 5. 03 should be added because of the 5. 17 references 5. 03 which is the investigative detention and the first paragraph talks about bias and how it cannot be a basis for detentions or stops. I think that d. G. O. Should be included since it is referenced in the actual bias d. G. O. Any comments on that suggestion . Any issues . Only because that d. G. O. References more than one other d. G. O. , and the d. G. O. Regarding detention is not about bias. It is not about bias. We have an entire d. G. O. Devoted to buy as. I dont feel strongly but it seems as if we could crossreference multiple d. G. O. S that we could create an end less list. It distinguishes 5. 03 it references specifically bias. That is the detentions . I think just from a policing pore speculative and historical issues with bias, implicit by at with policing detentions are probably one of the areas with the most concern raised. I assume that is why that paragraph is leading off the d. G. O. I dont have a problem adding it in. What is the next item . I had a question on that last addition. Just to clarify. We are referring to the section of 5. 03 that deals with bias, not the entirety of 5. 03 . We would reference 5. 03 because the first paragraph reads that the Police Department, i can read the paragraph but it references how in essence race, gender, identity and other characteristics cannot be the sole basis for de tensions or stops and references 5. 17. 5. 03 should be in this because there is one section in 5. 17 that talks about a factor and what can be used. It references 5. 03, and like we talked about, those two d. G. O. S are intertwined. That is why we devised 5. 03 to sort of be in companion with 5. 17. Chief, this only deals with bias policing. That is the focus of this. If there is anything in 5. 03 related to buy as that wont be im indicated here. What i was driving a little. There are other sections of 5. 03 that can be a first offense termination. We have to be clear we are only talking about the bias part. Nowhere in 5. 03 does the word bias show up. I feel like we can have end less crossreferencing of d. G. O. S. It is not the worst thing in the world. There is an issue putting d. G. O. S in there. The argument will be made if it is not specifically referenced, it is excluded. It starts getting dangerous. Maybe we put an example. Including but not limited to the d. G. O. S. Then my second. Do you folks have that language . We are saying after the word discrimination included but not limited to and we give examples and we are adding 5. 03 as well. 5. 17. Right. We dont want that to be all inclusive list. That makes sense. The other section is the other sort of caveat on the bottom of that regarding implicit bias. This paragraph just seems just very ambiguous and unclear so i dont know. I understand the intention behind it and why it is there. I just think the way it is worded and written is not sufficient, and i dont it needs reworded or excluded. I dont think that it is clear. I am not following. What is not clear about it. We added this. I put language in after talking to commissioner elias and samra. We wanted to be sure people understood implicit bias is different. Once you are trained about your implicit bias and you tip to have the same issue. You are on notice there is an issue. It is important any officer reading this before he or she gets into any problems understanding what the intent is here. I am hoping everybody gets a chance to read this before they have a problem. That is why i thought it should go here. I dont know where it would know and i dont know what to say about it. It doesnt tell the officers what the penalty will be if they engage in this behavior. My thought is there are sort of we see patterns where you know we collect databased on race and other characteristics. From those we are now looking at those statistics to see if there are patterns in terms of certain people being stopped and why they are stopped. That could be an example of implicit bias if the officer is not aware they are stopping one type of person or one thing. They are referring to people inappropriately. Those are sort of examples of implicit bias. I think it is not clear to the officers if you engage in this conduct what is the punishment . You go for additional training, counseling and or education as deemed appropriate. If it reoccurs with the same member you may be subject to discipline. I think the second sentence addresses the concern. What is reoccurring, more than one . More than one. I think the may is also ambiguous. You have to have flexibility. You have to give the department flexibility. I think the other part of what you are saying about implicit. I think labeling it implicit bias, i think getting into granular beyond that will give wiggle room to say this is listed. Overall category of implicit bias is okay. From the reading of it, it looks like it expands accountability. That is my reading of it. Maybe i am missreading it. You are changing the definition of may to shall or should. The way i read it it looks as though it defines what is going to happen. It is clear that when i am police sit bias implicit bias is identified it may be explicit. It is knowingly engaged above it. I dont think your mic phone is on. I am not responsible for this. I do read this to expand accountability. If something is unconscious we cant punish for it until we put the officer on notice, right . The first thing is putting the officer on notice. If it is a pattern, if it is something more than one unconscious incident that officer may be subject to discipline depending on the circumstances. This puts department on notice if it is not just explicit racist text. It is not the worstcase scenario, we now know what i am explicit bias is and we are watching. That was the intent in this adin thisaddendum. You mentioned whether or not it is permissive or mandatory. Did you have thoughts about that . I think we were talking about commissioner elias mentioned the word may. I understand what they said needing a fact specific inquiry so maybe a permissive language is appropriate. I didnt know if you had another argument. That is the distinction between may and shall. Is from going to be a subjective autonomy in the language or not. Subjective autonomy . Yes. Showing off with big words. That is what may is. I am just saying that is the distinction between the two. The way it is drafted there is subjective autonomy if the language is changed to shall. I understand that. Maybe a sunshine violation going on back here. I am just kidding. City attorney is giving me a stern look. Well, we need a vote. I have a comment. I just wanted to comment. With respect to both page 9 of 19 and 10 of 19. These are requests i made and i want to thank my fellow commissioners for including them with respect to Domestic Violence part of this. That is important. For Sexual Assault and child Sexual Assault victims. I wasnt ready to vote last time. This is very assuring to me. I wanted to just note that. I would add that i would hope that like the previous category of Sexual Assault or child Sexual Assault was found true by the member they would no longer be with the department. So would i. Let me take an informal poll back on page 17 and the implicit bias footnote. How many commissioners are willing to approve the language as written right now. What are we talking about . Page 17. Did you read this . Implicit bias footnote. I just want to know how many commissioners are prepared to adopt it the way it is written . I feel like it is confusing and unclear. I dont see how it is to clarify it. If you had proposed language. It is difficult because implicit bias and explicit bias are fact specific and it is hard to define or qualify. We are trying to do that, which i get, but the way i read it, it just doesnt sort of it is unclear in terms of what the officers punishment will be if this happens multiple times. The

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