Transcripts For SFGTV 20130208

Of the regular night of policing here in the city and it appeared to me that there was more chaos created by overpolicing and cops running every which way through the streets that actual crime or potential crime that would warrant it. So, im curious in light of budget discussions that are ongoing right now how thats justified. And i appreciate the fact that i dont know all the constraints that went into that decision, but im wondering why there were not separate contingency plans or why it wasnt easier to clear up some of that in light of the 49ers loss and what could be prognosticated as a less volatile evening. Thank you. Thank you, jeremy. Any further Public Comment . Good evening, president mazzucco, dr. Marshal, commissioners, chief sur, director hicks. Marks and halloran, Vice President San Francisco Police Officers association. I wanted to address comments made here before this Commission Last wednesday from the director of San Francisco open government. Mr. Harte made several disparaging remarks regarding two members of the San Francisco Police Officers association. Mr. Hartes claim that inspector miranda misrepresented a case to the deputy City Attorney and that sergeant goss portrayed himself as arrogant and hostile. Im here to set the record straight. Inspector miranda has served 31 years in this department and is coming up on retirement. He has worked 17 years in the Field Operation bureau, in investigations hes worked juvenile, special investigations division, missing persons, and currently while facing retirement in the next four months, he has been asked by this administration to go back to special investigations to handle a very sensitive case. He has numerous captains commendations, letters of appreciation from the public, and he served this department with distinction. As far as sergeant goss, 13year veteran of this department, also served in the Field Operation bureau. Currently assigned to the legal division. He has done such a good job in the legal division, this administration has asked him to serve multiple tours of duty in the legal division. Why . Because he is doing an outstanding job there. He is asked to return to patrol, but theyve asked him to stay and he has complied. The poa takes exceptions with these remarks made by mr. Harte. We do commend him for making use of this public forum in the Public Comments. There are avenues to registered complaints with the San Francisco Police Department through the department of occ. And mr. Harte is well aware of this, but he chose to make negative comments against these officers without knowing their full history within the department. The poa questions his motives for this and his credibility, seeing that he is a selfappointed director of some Watchdog Organization that has one member, himself. So, we challenge him to produce any evidence that inspector miranda did, in fact, misrepresent himself or the department in front of the City Attorneys office. I doubt if he could come forward with that. Thank you. Next speaker. Hearing none come forward, maam. Good evening, commissioners. Good evening, chief. My name is mary kay coner, and i have worked in San Francisco with people who have both psychiatric, neurological, and emotional disabilities and other kinds of disabilities. A ma mort of them who are homeless. In 1996 myself and a group of other people including representatives of the Police Department, the mayors office, and a broad representation from the community took on the issue of how to interact and engage with people and the growing numbers of people in serious Emotional Distress who are on the street when police are called. How do officers respond. The proposal was put together. It was presented at the commission that year in 97, it was adopted. It was declared valid and worthy. However, funding was not in existence. There is a very, very long history in San Francisco of trying to get a program that actually mirrors the Memphis Program that you all have heard presentations on. Get it here in San Francisco so that we can, in fact, put into place what i think is the basic civil human rights of people with disabilities which is reasonable accommodation. At this point what im really here to make you aware of, that program was funded. It was fully funded in 2002 by the board of supervisors. Thats when tom ammiano was the president excuse me, was the head of the budget and finance committee. It was funded to the tune of 172,000 a year. The program was in manifest and went on until 2010 when it was closed by then chief gus [speaker not understood]. And i believe his statement was, we see no benefit in a 10,000 luncheon Golden Gate Park once a month. I think the training was probably a little more than that, but im not sure. I would like to know what happened to that money and id like to know what are the plans for putting together and reconstituting a Police Crisis intervention project. Admittedly ive been out of touch with whats going on on a regular basis. But given that this is where the budget is being presented, there was full funding for this program. The program has been dismantled. Were talking about spending a tremendous amount of money in court less than lethal weapons when we in fact dismantle the program that was providing police with alternatives to using force at all. And it was sanctioned and approved by the department. So, these are open questions. Im sure ill get my answers at some point during the meeting or others and i appreciate your time. Thank you. Thank you very much. Any further Public Comment . Hearing none, Public Comment is now closed. Maam, theres actually been a lot going on with this. There is the cit program under the guidance of commissioner chan going full speed ahead. Numerous officers have been cit trained. I think our model is a little better than the memphis model at this point. Well work it out. You may not have seen whats going on. I appreciate your information. One question i have is where is the funding . Are you all funding that program . I think a lot of People Volunteer for free with their training. I still want to know what happened with the money though. Thank you. Thank you. Thank you for your input. Please call line item number 2. Line item 2, reports and announcements, chiefs report discussion, review of recent activities, presentation regarding officerinvolved shooting investigation process, departments budget presentation for fiscal year 20132014. Thank you. Good evening, chief. Good evening, commissioners. Before i go into my i want to go back to that i was Police Crisis intervention trained in that formal program. Under this administration the crisis intervention training is ongoing and robust. We have about 118 officers that are already trained. Its ongoing. We have were hoping to have four classes of 50 additional this year. Some of the funding of which you speak was Grant Funding that did go away. All funding will be through the departments budget and the cit program is one of the staples of this administration. [inaudible]. If you want to come by my office, ill get you whatever you need. Cool. So, recent activities as far as crime goes, Violent Crime is down again. Property crimes trending up. Particularly were having a problem with auto burglaries. So, were, again, trying to get out in front, trying to get people to not leave things in public view in their car working with several members of the board to try and get out in front of stuff and then put together some Task Force Response with regard to tackling the auto burglaries. But Violent Crime and in particular gun violence continues to be down again this year in San Francisco. We did do the super bowl. I appreciate the publics comment. Things like the super bowl are planned for in the event that you need the resources you need to have them. Its better to have them and not need them rather than to not have them because you cant get them there. So, unfortunately the game turned out the way it turned out. Officers were pretty much all released before 10 00 p. M. Had it gone a different way, im sure some of us would probably still be out there. So, it was much like the nfc championship game where it would have gone long into the night had we not had a good plan, the plan was real good, so, again, the officers were home by about 10 00 p. M. After the super bowl there were 25 arrests for public drunkenness and one for setting a tree on fire. The suspect after setting the tree on fire ran in the direction of mission station. So, the escape was not well planned. The Wilderness Program did a real nice day hike on the 30th for the kids at Taylor Elementary school. Students, teachers, parents and officers participated. We continue to develop our active shooter class. Weve been solicited by the fbi to be the National Template basically for this. So, were going to see what we can do about getting them out. Were going out to where we have to go so we come up with the best active shooter training. Also the San Francisco Unified School District will be a part of that. Additionally, bowman in the Downtown Business is for workplace violence. We had a press Conference Today on the Kevin Collins case. A search warrant was served late last week or last week. What happened was when the cold case units were transitioning, they decided to take another look at it. They came up with a suspect who had basically kidnapped a juvenile out of a store in 1981 for which he was arrested. He absconded, was arrested again on a warrant in 82. He was convicted. He lives right basically across the street from where Kevin Collins was taken. He has a large black dog. Witnesses that saw the suspect said that the suspects had a large black dog. This suspect was contacted back in 1984, interviewed, denied, consent search to his residence. Photo spread shown. The witnesses were unable to pick him out. So, he was not absent any other evidence, he was not able to be proceeded upon at the time. They developed further information that he committed two other sexual assaults on minors, 13 year old boys in canada. More information was developed. Those leads are continuing to be followed at which point in time they were able to secure a search warrant for the residents. They did a consent search, cadaver dogs afforded us from Alameda County hit on some remains. It appears preliminarily per the medical examiner that those are animal remains, but the tests go on. So, today we wanted to put the pictures of the suspect who is deceased as of 2008 so that anybody that since 1984 and since might have a story to tell as we continue to hope at some point in time to find out the whereabouts of Kevin Collins. We have been in contact with mrs. Collins. At first, obviously taken aback that it was back in the news, but very appreciative that shes been in the loop and all the information that was provided today was given to her last night. So there were no surprises. There was some interest last week from commissioner lost us in particular on our prohibited persons and firearms list. It was in their paper that there are some 16,000 people in california who are prohibited persons. The way that it works, doj maintains an armed prohibited person system. Its called apps. Its a cross reference of the automated firearms system and cini cross referencing folks that shouldnt have guns. We were noticed back when this program started in 2011 that we had 516 folks that needed to be talked to. Since then we have contacted all of them. We have recovered 81 guns that are no longer in their hands and other cases have been closed for some reasons like those with Mental Health issues once theyre five years in duration, they fall off the list. Some of the people on the list have actually either were deceased or died since. Some people have restraining orders that caused them to be prohibited. Those orders have either expired or been withdrawn. Some people have moved out of the city, in fact, one of our people that we contacted was a person that had been 51 50d and had a firearm. We called to ask about the firearm. The person lived in marin. Said he had the firearm. They went to marin. That person had 71 guns in his residence that are now property for safekeeping with the department of justice until his Mental Health condition is five years old. And the misdemeanor prohibitions have a 10 year shelf life and they fall off the list. So, currently we have no backlog in San Francisco. The only cases for prohibited persons that we have yet to touch, we received six this month. One has been contacted one has been closed. One has said that he no longer has the gun. We have to make him sign a penalty of perjury form. Stating that fact we have four that are new yet to talk to. So, of the 516 originally they have all been investigated and monthly we close them out before the end of each month. So, San Francisco is current as far as prohibited persons on that list. Now, i am cautioned by inspector chin who does a terrific job for us coordinating this that the system isnt exactly accurate as there is no state registry for hand guns. And, so, its only the hard file custodian of records for assault rifles that is really, really rock solid here in california. So, but as best we can, we followup on every lead that we get from the department of justice. And then i have captain oleary who did a great job last week providing us with those numbers as far as officers, calls for service and well be comparing that one page that i promised you related to how were doing with occ complaints in force in the Police Department versus actions taken. So, with that, im going to go to the next thing, which would be the officer involved shooting presentation solicited by commissioner chan, which will be sergeant krudo and his team. If i could just give a little intro here so i can explain why i asked for this. Commissioner carmen and myself were meeting on this and asked for this early last fall, i believe. And the idea thats as we had our officer involved shooting process and the firearm discharge review process, we had a number of department general orders linked to them. It looked like it might be time to review them and things we want to tinker with to make it ail smoother process. I think we had some questions as we were going through some of the officerinvolved shooting reviews. So, thats part of this. And, so, the City Attorney suggested we get a presentation from the department that explains these two processes so that we reeducate ourselves as well as the public as we look at the various department general orders linked to these two [speaker not understood]. That is the idea behind this, background information. Keep this in mind as were looking at the different dgos. President mazzucco, commissioners, director hicks, chief sur, i have just been introduced. Ill be going over the process of [speaker not understood] investigations as we handle it with our department. Okay. As we start, i want to lay some foundation, some of the terms well be using tonight and some of the policies that are involved in the process. Some of the acronyms which are on the board here, ois which is officer involved shooting, and that will be defined really as an intentional discharge by the officer of his weapon. These are the current definitions that were using. Now, these changed in 09, august of 09. So, the definition of an ois is really an intentional discharge by the officer of his weapon excluding at a dangerous animal, excluding a cry for alarm, which is permitted by our general orders under extreme, extremely unusual circumstances. But in the performance of his duties, the discharge firearm intentional discharge of firearm. The unintentional discharge of a firearm or accidental discharge of firearm that causes damage to property or injury to a person. Excuse me. Injury to a person. And the discharge oid, officer involved discharge would be so, thats the unintended accidental discharge doesnt cause injury. That would be the animal, dangerous animal. That would be the cry for alarm, [speaker not understood] exist. Obviously discharges, for example, that would be normal in the scope of duty at the range or whatever dont fall under this. Return to duty and the firearm discharge review board are two review panels well talk about tonight that come into play. And i will mention the Department Operation center which is doc. Thats sort of like a central hub of information. Were going to talk about what happens when the officer fires his weapon and [speaker not understood] notifications. Just real quickly, you have these handouts in front of you, i believe, but some of the relevant general orders that come into play, this is not the absolute and final list, but these are some of the ones that we routinely deal with. Department of general order 2. 08, peace officer rights, remember, these have some administrative components. These investigations as well as criminal component. Well talk about that. Firearm discharge review board, use of force and use of firearms. Critical incident, any ois is considered Critical Incident. Critical Incident Response comes into play with some of our dee prevtionings. Investigation of ois and oid. Obviously thats what were talking about tonight. Department [speaker not understood]. Went the wrong way. Other related policies would be Field Operations bureau order, 311 which is regarding the use of eriw. And i put that up there because that does come into play obviously in some of these incidents. That is a nonlethal option for officers. Field Operation Bureau order 04 03 which is officer involved shootings and thats really kind of goes over the on scene management and the duties of the different field supervisors and whatnot at the time of an officer involved shooting. 09239 excuse me, 11, now reissued at 12271, thats the change of definition as we talked about tonight where some of these things used to be called discharges. Theyre now considered an ois. So, were talking about ois as we currently defined it. So, well talk about what happens when an ois occurs. As i mentioned, the moment an officer gets on the radio and says, officer involved shooting or gives some indication thats happened, process of notifications begins. An ois as i mentioned is considered Critical Incident and its treated as a major crime. Upon learning of an ois by dispatch, by phone, by radio or by phone, doc would begin making notifications. The notifications that you have which are listed on the board here, you have on your list, thats from the list that the Department Operation center keeps. They will notify all these parties regarding the discharge. Okay. I would point out these are some of the keys as far as the notifications. Homicide, which will coordinate the criminal investigation along with the district attorney, the internal affairs and the occ handle administrative investigations related to the shooting. So, once the notification goes out, automatically two separate investigations begin and theyre side by side. One is a criminal investigation which is looking at whether a crime was committed by an involved party, any party in the incident when the weapon was fired, when the officer shot the weapon. Sorry, officer. Would you prefer that we waited till the end to ask questions or as you go along . It depends. I mean if its something you need clarification, if i can give a quick one, if its a little more, whatever works for you, commissioner. Okay. Im just looking at your ois notification. Yes, sir. There seems to be a critical body missing from that ois Critical Incident notification. What are you looking for . The police commission. This is, this is the list, this is the list that i had. I may have omitted that. I wrote this off the list [speaker not understood] dgo to make sure. I could answer that for you, commissioner. What happens is when these notifications goes through the commaedction staff, the inspector notifies us immediately. Thats why it should be on here. Thats why it should be in that category. We get notification, okay. Its its important for the public to know that, too. Thats why im making the point. Thank you, sir. Once the notification have gone out there is a criminal and administrative investigation that begins, side by side separate investigations. Again, the criminal investigation is looking into when the discharge occurred, was a crime committed by an involved party. The administrative investigation is focused specifically on the officer and the discharge of the weapon and looking at whether Department Policy was followed. I prepared this is a flow chart, a real simple flow, but this is sort of how the process occurs. The red indicates the criminal investigation. The blue indicates the administrative investigation and then the purple is an executive review which is at the conclusion of the investigation. It should be noted that it should be noted that information flows one direction. So, youre probably familiar from your hearings and disciplinary cases. The administrative investigators were privy to information developed by the criminal investigation, but that information doesnt flow the other direction. So, we piggyback on the criminal investigation, but i cant tell, for example, i cant ask a question vicariously through a homicide investigator. That make sense . Okay. Well get into more detail on the process. I want to cover the first ten days because we talked about this. After youve all heard the return to duty briefing which is usually within the first 10 days of an ois. So, i want to kind of cover this is in addition to one of the investigations. But in the first 10 days, several things are required to happen for our general orders. The involved officer or officers are administratively reassigned for a minimum of 10 days. They are given administrative assignment. During this time if it hasnt already, it usually happens almost immediate well, contemporaneously with the incident. The night of the incident, the day of the incident, the homicide interview would be completed. The officer has to complete several postdischarge debriefings. Well talk about those. And the return to duty panel is required to meet five Business Days after the ois. So, talked about the post discharge, post discharge debriefings. And theres three that an officer would routinely put an officer routinely through three debriefings afterward. One is the Critical Incident debriefing and thats a meeting with our behavioral science unit. Thats required to be done within 72 hours of the incident. And the officer meets with the the involved officer meets with the folks from the behavioral science unit and he is provided information about posttraumatic stress and about resources he that would be available to the officer. Two other things that happened are a range debrief and a modified force options debrief. Thats the simulator. The officer goes back out to the range, makes sure they retain the ability to effectively manipulate, physically manipulate the weapon. They were put through several shoot, no shoot scenarioses in the simulator to make sure that they retain the ability to navigate those correctly. The return to duty panel convened, as i said, five Business Days excuse me, i think i jumped. Its five Business Days after the incident. And the purpose per the general orders is to discuss whether it is appropriate for the involved officer to return to duty. The focus there is either issues that have been discovered at this time that would preclude the officer from returning to his or her regular assignment. This is a closed personnel session because the confidential material that is being included in the panel that obviously would include the active investigations, health and medical issues. So, theres some hipaa issues there. The fact is they have been developed through the preliminary investigation of the homicide detail members. And the panel is to arrive at a consensus recommendation for the chief, although the officer should return to the regular duty assignment. The panel does not conclude whether the discharge is in policy. Obviously that is an active investigation. So, it would be preliminary to make that decision at that time. This is a composition of the return to duty panel. The deputy chief of administration is the chair and the involved members deputy chiefs and commander are present. His or her Commanding Officer, the Commanding Officer of the Risk Management office, the internal affairs division, the homicide detail, the st