Transcripts For SFGTV BOS Rules Committee 12116 20160123

Committee occurring thursdayjennifer 21st 2016 will begin shortly. [gavel] i would like to thank sfgtv staff for their Service Broadcasting todays meeting. Phil jackson and jen hello, thank you for your service. Just a little housekeeping right now before we start. We are going to have items to and three first. They shouldnt take too long. The charter of moments we have already heard in committee a couple times already. So theres not a lot of discussion. Mostly making amendment and moving forward to the next meeting. Probably some Public Comment but they should not take long. At the most i think 20 min. Will get you through those items and the entire rest meeting on item number one on the alternative use of force. Then, i want to make sure people are aware Public Comment will be 2 min. That will be a time limit on Public Comment. Mr. Clark if you can call item number to speak to item number two is charter of the San Francisco to acquire an appropriation for the parks and recreation Openspace Fund based on city spending for park and recreation purposes fiscal year 20152016 and modifying the recreation and Park Department banning obligations to include Equity Analysis at an election to be held on june 7, 2016 before supervisor farrell get started i just want to say ive been working with him on this measure and ive actually from beginning when he introduced it i put my name not yet as a cosponsor but i want to make sure he had a pretty thorough process what they needed in this measure in amending in a way that the need to meet the needs across the circuit i think this issue was around equity and make sure there were measures in place that would give some accountability around equity and the parks and recreation the board of supervisors for approval. I know this was not the steps that a lot of people who were working urgently on this measure were hoping to do, but i do feel this actually broadens the appreciation of the measure and i do appreciate the flexibility and accepting these amendment especially supervisor mark farrell. Thank you. So ill keep my comments on the overall measure since we talked about quite a bit, im introducing three amendment today. I want to thank supervisor avalos for working together with this amendment to making this as tight as possible. I think its a testament to his leadership as well. I want my colleagues and my cosponsors as well for part of this and being part of the conversation as well as everyone involved in making the amendment and working on them together. So, there are three sets of amendments to the First Amendment the annual set aside on a baseline for 15 years. We talked about that topic for quite a while. I will guarantee significant funding for the department in year 1630 Going Forward compared to what we had before. The second set of amendment built on the equity limits we made at the last Committee Hearing and premise made to the department include strategies to mitigate deficiencies in the last set of amendment is to give additional oversight required [inaudible]. From my perspective these amendment represent over 15 amendment since introduction in the fall. I want to thank everyone whos been involved in this. Sincerely a road but i do think were in a good place right now. It certainly look forward to bringing in front of the voters. So colleagues, will open up to Public Comment. I certainly appreciate accepting these amendment ticket underwear to sit before we take it out of committee next week. But again i want to thank everyone involved supervisor avalos over the past few weeks. Thank you. I think we can open this item for republican member if you like to comment, more or less the order i read your names and anyone after that can come forward as well. [calling names]. Good morning. I then before you but how many times and i do want to reiterate what ive said before. At this point i want to thank you for keeping your eyes on the big prize and for the improvements made to this legislation. They do very much and lets go forward. Thank you. Good morning, supervisors. Matt ogrady. I want to echo phils comments before me. Little over two years ago the Parks Alliance adopted a really big strategic goal which is by 2020, we want to see the city put into place adequate and sustainable funding for our entire park system throughout San Francisco. The Charter Amendment including the memories you have proposed supervisor avalos, strengthens this overall measure and gets us a very long way towards achieving that goal. So we very strongly support this. We appreciate the animal amendment and the particularly the longer time frame of the extension of the Openspace Fund and the baseline that provides a much more stable longterm view for that apartment. So were very supportive of the amendment. I want to call out, can supervisor be farrell for his leadership in this effort throughout and all the supervisors signed on as cosponsors for the contributions in making it happen. Thank you very much. Good morning supervise. Kellyi want to add the thank you for all your hard work. Mr. Farrell mentioned 15 amendment to get all four of you have been key in bringing this. We appreciate you helping San Francisco parks. Commissioner norton, welcome thank you. Good morning. I want to add my thanks to my colleagues to the Parks Alliance. I spoke to all of you for all the work youve done. We feel good about it. We think that this is going to provide real flexibility for that apartment Going Forward and the extension of the Openspace Fund, thank you supervisors for finding a way to make that happen. Its going to add to that stability. So were pleased and looking forward to getting it on about and running a strong campaign. Thank you. Before the next speaker ive to other cards. [calling names]. Thank you very much. My name is rosemary came and get him on the board of San Francisco Parks Alliance and one last time, i would like to thank supervisor farrell or is it incredible leadership in getting this Charter Amendment moving forward. We are extremely pleased with it as it is now finally being recommended. We also want to say how much we appreciate all the work that went into getting to this final proposal, including supervisor avalos is leadership in extending the Openspace Fund, which is a truly wonderful addition to the major. So, thank you all very much. We look forward to getting this out of the rules committee, finally, and onto the board of supervisors agenda and then onto the ballot in june. Thank you, get thank you very much. And the other members of the public like to comment . On todd david good im wearing my residence town square have. I just want to say the extension of the Openspace Fund is outstanding for all the communities out there that need openspace. So, i think weve done a good job of starting to tackle open space deficient areas and by extending it were going to tackle even more of those open space deficient areas. So, i love the extension to make sure well have the money for the communities that need the open space. So thank you very much. Thank you. Any other member of the public seeing none, will Public Comment is closed. [gavel] this item is a lie before us. Supervisors he felt Less Government i want to thank everyone involved. Thank for all the Public Comment. And most of all my colleagues. Its been a solid effort together and i think when a good place. I look forward to moving this for. Great. So doing the motion to accept the amendment . Moved and seconded. Would think that without objection. [gavel] we can move this automatically to the next was Committee Meeting. Do we need a motion on that yes. If we can get a date certain on motion we move into next thursday if we can get a date certain on motion we move into next thursday, january 28. Moved and seconded. [gavel] our next item please item number three, second draft of the Charter Amendment of the city and county of San Francisco to require that upon a letter told a special legend is a vacancy in the office of the mayor member of the board of supervisors was originally scheduled election be held within 180 days of the vacancy provided the present of the board of supervisors is an acting mayor until an election is held to fill the mayoral vacancy and provide the mayor shall appoint an interim supervisor to fill the supervisor will vacancy with the interim supervisor being ineligible to complete in that election at an election to be held on june 7, 2016 this is a much i bought four. Briefly, i want other amendment which i like to make today. And then move this item to next weeks was Committee Meeting to be heard. The amendment im making is actually two make this Charter Amendments excludes about filling vacancies on the board of supervisors. We will keep or amending this to keep the existing process we have for filling the vacancy in the mayors office. That would lead to a board vote to set in place an interim mayor. Piteously, we were to run this measure as it is. You would have the board president acting as the acting mayor and board president but i dont think it makes a lot of sense. Really, what my intention around this was to have some chance to consider different options because theres lots of ways we could grab this measure. Its never going to be exactly perfect. But to me more than anything in make some sense to have a process and separation between the executive branch and the legislative branch, and have us be able to elect the people who are going to be doing cpr on the board of supervisors rather than having them appointed, which to me is about our democratic process. So, i will make a motion to see we can accept the amendment and then move this item to next agenda. First, what Public Comment. Any member of the Public Comment would like to comment on this measure please come forward. My name isi do not quite understand john avalos about the mayor but am concerned about our current mayor was there to fill a vacancy and promised he would not run and then did run. I think someone in a position that can be manipulated by money influences, which i believe is what happens. It means we got a mayor that was promised he would not do it and started out with a lie about becoming a mayor in the first place. I find it very disturbing. So, maybe you could explain more exactly how the mayor part is because i do not get that. Thank you very much any other member of the Public Comment like to comment seeing none, we will close Public Comment is closed [gavel] i appreciate the question. Actually, i dont recall when i voted for edwards lee for interim mayor in january of 2011 that are requested that he make a promise not to run for may. Was in a condition that i thought was in place. I think you need that to some members of the board of supervisors, but it didnt seem to be a condition for us voting for him in part of our vote. So, to me it really wasnt about that. The changes we are making, the current process right now, the way we have it in place, but as a vacancy in the mayors office, the president of the board would serve as acting mayor until the board of supervisors were to select or vote do have a mayor elected. So, that process happened when mayor gavin newsom was elected to become Lieutenant Governor and he wasnt sworn in until around january 10 or so of 2011 good news a little bit of a gap betweenwell a month and a half that we knew he was guilty leaving office and we had the actual boat and interim mayor in place. The board of supervisors elected an interim mayor. In that time, there was a lot of process we went through to determine how these vote would happen. We had not had a process put forth to us in decades. So we actually create a process for how that vote would go for. It was actually a board process showed us that in order to follow our charter, to extended out into the vote if any member of the board of supervisors was going to get elected without the required eight loads but you cannot vote for yourself to become elected interim mayor. So, we actually went on through another process where we just need to find someone outside the board to become a mayor about a month or about a month was spent looking at different candidates for mayor that we finally made the vote around january 4 of 2011. We actually didnt get to an actual vote are generally forth but postponed it for a couple days. To me, that process seems a bit tainted by the process that we were electing someone who actually wasnt in the country, who had indicated to every member of the board he was interested in becoming mayor of San Francisco. That to me was a false in our process. Not that the mayor had made a condition that he was going to not run for mayor. He was elected interim mayor. So, i want to go back. I feel that process is fine, to go back to having a person who is acting mayor and mayor at the same time or and board president at the same time. I dont think it really is good for that person or good for the city to have that person in the legislative branch and executive branch of that object thats a very thorough response to your question. I appreciate the question. So, im going to motion that we accept the amendment is such good essentially, were taken out references to the Selection Process for the interim mayor, and moving forward, exclusively with having the board vacancies filled by a person who the mayor will appoint as an interim supervisor will not be eligible to run, it will be turned out once election is certified and will move forward instead with an election that would be in the voters hands to fill this vacancy on the board of supervisors. To the chair, i made a number of comments last week. Im not going to stay cozier no sure will continue those discussion but todays purposes all make a motion to amend your Charter Amendment incentive for to the next was Committee Meeting. I generate 28 on january 20 will take that without objection. [gavel] okay. Please item number one item number one hearing alternatives to use of force in policing and reevaluating San Francisco please the government general orders 2. 07, 5101 and 5. 02 and requesting the Police Department to report. Supervisor cohen good morning everyone. Thank you for being here during this important conversation. First, i want to start the hearing off them with a moment of silence as we begin to remember those and acknowledge those not here with us today. Deeply those lost to violence. [moment of silence] thank you. I also want to take a moment to express condolences but just to the mother of when the woods of every mother that could hear my voice is lost a child. I can only imagine in my heart aches for your unimaginable loss. But there are some key things i want this conversation to focus on. One of which is the policies that we have in place when it comes to officer involved shooting and it use of force. Since 27 thereve been 37 officer involved shootings in San Francisco and each of them have been deemed justified. After investigation by local investigating agency. I noticed this a very difficult piece of information to accept without being questioned. Which is why we are here today. The use of Excessive Force against the mentally ill African Americans and other minority communities is actually not a new issue. The difference now is that we have readily Available Technology that are capturing irrefutable data and evidence to bring voice to many of the folks that claim to be victims. Thats why we are here. Not only to disclose i did not only to discuss the Police Departments use of force policy, which to date has not been revised since 1995, but also begin to open the conversation of a transparent discussion about policy and more partly because of changes that need to happen across this entire country and how we begin to bring some of that change right here in our own department. Im interested in proven best practices we began to blend the tools here. Its clear the vast majority of the people across the entire country that seen the unfortunate as well as incredibly graphic video of the shooting of mr. Woods, that there is some nonlegal technical method of able to subdue folks when the situation arises. I believe we need to begin to hold ourselves accountable for our successes as well as certainly are failures and leaving this case we failed our residents and we failed mario revealed mrs. Woods we responsibly to fix a broken and failed system. If were going to change what broken we got to come together and identify and address and i know thats a difficult realization for many people that have been on the front line protecting and serving. There is certainly a crisis in confidence. We talked about it all the time. Thats what brought us here to the chamber today. Eight crisis in confidence in lawenforcement in the entire country not specifically here in San Francisco but today talking about here in the city. Were not exempt from this deficit and lack of confidence and trust. An overwhelming majority of our officers are very hardworking men and women that do put their lives online every day to protect our streets. Many of these courageous people want better tools to use when encountering someone that they wantwhen encountering someone as well as looking to better training to be able to deal with the highintensity situations that people are facing every single day. A realtime example is we had a shooting a few days ago at third at the side of and we now have the shooter in custody. I use that as an example as good policing. That is working but in San Francisco we have a number of progressive policies, police policies, that are already in place in hopes of improving a police strategy, but theres certainly room for growth and improvement in looking to continue to Work Together with the community lawmakers as well as Law Enforcement. So that we can continue to see more change at a faster rate. There are several folks here that are joining us today that of opening remarks. I want to read my supervisor avalos are going to offer a few remarks. We have some presentations that were going to be making today of experts that are both within the Police Department and also outside of the Police Department. With that, i like to invite pres. Breed to share remarks followed by supervisor campos excuse me. Supervisor campos thank you very much mr. Chairman and i want to thank supervisor cohen for this request for a hearing. I was happy to add my name to this. I dont knowi was expecting to see police chief in the hearing and im actually very worried hes not here. I think that any discussion about the change of policies around the use of force in the Police Department should have the chief of police present to hear what we as a body have to say, but also members of the public to say. So, i dont know what happened and its disappointing hes not a bit hopefully, hell be coming. If you look at the department general orders that deal with the use of force, its 5. 01, and 5. 02, which specifically deals with the use of firearms. It has been quite some time since these orders, which govern the Police Department, have been revised. If i understand it, the last time 5. 02 was revised was in 2011. I think that the main general order, 5. 01, which deals with the use of force, i think that was crafted back in 1995. I dont know what if any amendments have been made since then. So, i think that the point here is that we have to revisit these policies on an ongoing basis and the fact that we haveits taken so many years without any amendment or revision and summer specs, summer specs, makes what happened not surprising. You have policies and the policies and practices that are so outdated and not necessarily reflective of whats happening out there. So, it is important for the Police Commission to revise these policies. I also one thing i want to note, which is very important to me and which i hope to ask the chief if he comes to the hearing, is that its not just the policies around the use of force, but also how it Police Department talks about incidents involving the use of force. I am very bothered by the fact that not just on the area woods case but on every single case using use of force by police, the chief of police has made statements that basically say, in each one of those incidents, what happened is within policy even though those statements are made before there is a complete investigation, before we know all the facts. Though, if you look at ilex knee xo, the chief of police went to a Community Meeting where he said what they did was justified. When you look atlikewise the chief of police went to a Committee Meeting and said what they did was justified. He did the same thing with mariel woods. I think its not enough to change the apostate i think we have to change how the department talks about it and thinks about it and the other thing i would say is that, i believe, a change in policy around the use of force and other changes to the sfpd operations should be required before we augment resources for the Police Department. One thing that bothers me is that in june of 2015, but a 65 vote, this board of supervisors passed a resolution that was introduced by Supervisor Scott Wiener scene that we need to hire more Police Officers. The reason those of us who voted against it voted it is because we felt before you go down the path of hiring more Police Officers you actually need to reform the practices of the opposites you have right now. Then, the second pointand i want to make sure that we emphasize this am aware that this hearing but also at the hearing later this afternoon and Going Forward, there are many communities that are impacted by this issue. In the Africanamerican Community is key among them. But i want to say that the voice of other communities of color should not be left out. This is not just an africanamerican issue. This is an issue that involves the Latino Community the asian community, so many communities. Every community is impacted by this. I think that its good that were talking about mr. Mariel woods, but i think its not enough to talk about mr. Marriott woods. We need to talk about the other cases that involve other men of color, other people color as well. Alexthe example that and also emile lopez, i look forward to this discussion. I hope the chief joins us because i think thatit makes things worse when the chief of police is not here for Something Like this. Thank you. Certainly that she has been invited and have been notified he would be here pres. Breed ugly breed because i want to get to the hearing and get a lot of the information out there. More broadly, hear feedback from the members of the public. Fixing and repairing the trust between the community and the Police Department is going to require a lot of work. Its not just about changing the policies. Its about changing the culture. We do have a lot of work ahead of us. I want to thank supervisor cohen for calling this hearing, calling attention to an issue within the department that we hopefully through policy can address. This past week, last week, supervisor cohen and i introduced a resolution asking for an independent investigation in the shooting death of mariel woods. We get out last week on tuesday. Thats one way that we can try and get to the bottom of that particular situation. I also mentioned in my remarks they need to look at the constituting the Community Police relations board, which existed years ago under the leadership of christopher mohammed, who helped to bring leadership from the Police Department, leadership from the Community Together to meet on a regular basis and talk about ways in which we can change policies, but more portly, improve relationships between the police and the community and it is important that we look into bringing it back at a party began work on trying to not only ring it back but bring it back to policy so that it never goes away in the first case. Todays hearing is really important. I think part of our goal is to evaluate how training and procedures can be improved and to prevent escalation and violence as a result of those procedures, but ultimately, we want to put the right policy in place so that this never happens again. So, i appreciate everyone who is here today and im looking forward to this discussion. Thank you. Supervisor tang i also want to thank the supervisor for calling this hearing today. I also want to say i apologize after step out for portion of the hearing but will be following up with my colleagues to further discuss this. Thank you. Thank you. Supervisor avalos thank you supervisor cohen. Thank you for bring this hearing forward and appreciate a work of your office work with the community and Police Department. I understand and i see theres been a lot of pressure on you to take this leadership and i think you stepped in well to do good work. Just, also, the other pressure of having this latest incident be right in your district. I think its been a significant amount of turmoil that you faced and so i want to thank you for your leadership. I was very troubled by this latest incident and im troubled by many of the incidents that happened over the years. Supervisor campos talked about alex aikenwho actually worked with 15 years ago when i worked at advocates for children and youth and mr. Perez as well. We have incidents that have occurred that have really created a huge gap between what the Police Department sees is acceptable conduct and what the community sees is acceptable conduct. We talked a lot about Community Policing and to me, like effective Community Policing is really founded on the legitimacy of the police in the eyes of the community. The community does not feel the police have legitimacy, then we do not have effective ways of doing Public Safety work in our neighborhoods. Thats kind of what we are facing right now as a city. What happen with this incident has really discredited not just the officers in the eyes of the public, but also the Police Department at some level. I believe, also, the way that the Police Tournament has come forward and is not necessarily addressed head on back tween themselves and the community, i think theres efforts but in the eyes of the lot of people it has not shown, has really kept us moving as quickly as i think we really could move. So, i think this hearing is a step in that direction and i think theres efforts that have been made before this hearing can about that are the steps, but clearly, theres a lot of work distance still to go. Theres a sense in the community that officers involved in the use of force and even when there is evidence that appears to show that the opposite is to not act within policy, but there are no consequences for these officers. That theres a sense of impunity that people have in the cube when these incidents happened good that sense of impunity that grades that huge gulf and i think as if were going to talk about how we are going to not just change orders but improve overall lawenforcement in San Francisco, that gap has to be narrow. So i hope that we can all commit to doing that and ill leave it over to supervisor cohen to begin with. Thank you very much. Were going to start with our first presentation. I want to introduce to you a man named arun. Hes at Trial Attorney under paterno atty. Gen. Eric holder. Hes leading a complex cuttingedge system of reform investigation and compliance monitoring including groovy and policies, data evaluation of internal investigation procedures. Thats critical to this particular issue today. With a focus on addressing correctional practices which include use of force and Mental Health crisis. As you heard in pres. Breeds remarks, she and i joined in our request for an independent investigation. Erin joins us with a high recognition from judge kordell was the Inspector General in san jose. Judge kordell has been partner to my office. Arun, as well, has been most reworking most risley with judge kordell on the blue ribbon investigation doing investigation assessment and best practice work of the commission on the Santa Clara County jail. So, without further ado just one statement i do not make before judge kordell speaks. Theres been a lot of people who believe that this hearing is going to be discussing phasers. Im not sure if thats the case or not. I just want to make clear on my position on cases. I am opposed to tasters in the Police Department categorically and i see that this hearing is really about alternatives to the use of force, of which phasers are a tool of use of force. So, i really will be disappointed to hearnot that any of the speakers before us right now is going to be talking about that but ill be disappointed to see whats put forward because that would not be an alternative to use of force but rather another tool under the use of force. Thank you very much. I agree. Before begin to evaluate any other tools we need to look at the policies governing and how these tools. Without further ado thank you so much for being with us. The floor is yours thank you for having me. All the supervisors and in particular i want to thank supervisor cohen and her staff for reaching out to judge kordell who then referred you all to me. I have a presentation. So if i can get it up, thank you so much. My name is erins assert. 11 from the south bay. Im a former term with the us Justice Department. My background a little more soothing idea where im coming from. Again, im just very glad to be here to be able to discuss my experience and how that might be helpful to the committee Going Forward as the city reflects on the best path forward in terms of Police Reform. The committees considering important set of what i view as very interrelated topics, Racial Justice, as additional rights, in particular the right to ugly integrity and be free from the use of force. And disability rights, in particular the right of individuals with disabilities including psychiatric disabilities to live in the community safely and with a service that they need and to avoid unnecessary incarceration and institutionalization. These are all concerns important to the community to the dignity of individual individual numbers of the community, to their sense of equality and inclusion and safety. A National Conversation as Everybody Knows here happens because of what happens in our neighborhoods. In our communities. Mr. Woods was a member of this community and i take my limited vote here very seriously and appreciate the opportunity to speak to. The thing the overall goal that i had in mind when i put together this short presentation was, i understand this committee and the city, the goal is to achieve credible proactive conference of and sustainable reform. This includes involving in a very meaningful Way Community members, stakeholder groups, and of course, taking forming partnerships between the committee and Law Enforcement. So, quickly, my background as you can see on the first slide, i recently served as a Trial Attorney in the Justice Department Civil Rights Division washington dc. For 5. 5 years i was working on systems reform case. I think pattern of practice cases is similar to this committee because arvind calls for pattern of practice calls investigation into the practices here in San Francisco Police Department. I work in the section in Civil Rights Division that conducts those pattern of practices into me Mental Health systems. While there has been a lot of publicity around that offices work on lawenforcement practices, and an enormous priority there for the Civil Rights Division has been to evaluate systems and Human Service systems that serve people with disabilities to ensure they can live in the community and receive the services they need rather than end up in institutions. I worked on a number of those cases. So, i bring to my remarks today a great deal of experience working to achieve change on behalf of individuals with psychiatric disorders, intellectual disabilities, in the corrections context, as well as in the community Mental Health Disability Services context. And ive also worked on race discrimination cases from the Educational Opportunities section of the Civil Rights Division including segregation, harassment,. All this work has involved not investigation individual incidents, which is the task of fbi and criminal section of Civil Rights Division, but rather with a goal towards systems reform and addressing systemic deficiencies. I worked on statewide cases as well as local cases. In addition to the work with the Justice Department, i think the point to mention i worked with a number of legal advocacy organs organizations including display rights organizations and criminal Justice Reform policy groups, and while doj and other jobs i have placed an enormous premium on committee engagement, community involvement, Community Outreach including large statewide investigation where we fan out across the state to talk with all the relevant stakeholder groups. And Law Enforcement. So, i presentation is going to be broken down into a couple, a few pieces. Im going to do a very quick discussion ofi was asked to present some data that shed some light on this problem that the committee is trying to address, and put into a national context. Im going to talk about what is reform actually look like a lease from the perspective of a Justice Department lawyer who worked on systems reform investigations and compliance monitoring. Im going to talk about some of the policies that are being addressed here, but i was notified of this last week. Its very hard to find all the policies quickly. Frankly thats an issue probably. Some going to mention some concerns some initial observations about the policies of interest but i want to talk about some of the things that the supervisors alluded to witches what we have to do the on looking at policies and friday, as a starting point, why only 5. 01 and 5. 02. Anderson with a focus on something. We have limited time and this is a process, but those aussies have an impact on other policies and various other practices need to be put in place were need to be looked at to see if theyre already in place. Im going to talk about the solutions, but poorly, theres been a lot of discussion about what is the best process, the best path towards that reform. Is it a dig investigation . Technical assistance . Is it Something Else . Where does the Community Role come into play in any of those various avenues . I want to just about some of those options which am sure are familiar to many people here. Just some quick data regarding a couple of the issues that are being addressed today. In terms of the disability rights focus, and Police Encounters with individuals with mental on this, National Statistics show individuals with Mental Illness are 4. 5 times more likely than the general public to be arrested by Law Enforcement. This is the mother statistic to many. Agile publishing consists of 1525 of inmates have serious Mental Illness thats compared to 45 of serious Mental Illness and that in the general public. There was a report that showed in many jurisdictions have osha shot by the police have Mental Illness. Then, another data point, theres been a number of doj pattern of practice investigations of one person agencies specifically focusing on use of force on this population. So San Francisco is not alone in having concerns about this issue. The statistics dont necessarily automatically tell us that their systemic deficiencies underlying that this portion hourly. The doj has found repeatedly that in various large jurisdictions that has been systemic deficiencies underlying those statistics. I think of a question the committees but important is that the casings San Francisco and thats an important question . In terms of Racial Justice and Police Shootings of africanamericans in particular, theres honestly a lot of things about racial profiling in various aspects of policing. But, to save the topic of use of force, federal data has shown black males were between 1519 were 21 times more likely to be killed by police than white males that same age group in the years 20102012. Although blackmun make up 6 of the Us Population account for 40 of the unarmed man shot by police in this most recent year 2015. Ive got to say where is putting together these statistics i was shocked by how are these numbers were. Job numbers for latinos or other groups i did look for numbers for latinos but there readily available because their track as well. Im sorry i do not bring that information. So, what does reform actually look like and when we say reform we mean something thats compacted and sustainable. Pres. Breed alluded to this important concept of maintaining the reform, not just being reactive and creating the form in the short term. I want to give a short disclaimer, which i alluded to before, but not San Francisco policies indepth. It something i enjoy doing. Thats the job im doing with judge kordell in santa carries jail and wouldve done as a professional at doj. As provide was also the materials. I understand the concerns by some of the recent incidents. I viewed the video. Ive read the news. But i want to be clear that im speaking hypothetically. Im not talking about there has been a pattern of practice. Some of the policies that are not seen may in fact exist but i wasnt provided and wasnt able to find them in the short time i had to prepare. I just want to be clear about that did not passing judgment one way or the other. So, im going to talk about policies but then im going to talk aboutim going to include in the discussion about policies about policies. 5. 01 and 5. 02 are substantive policies about use of force. But there are other policies on how we revise our policies on how we look to see if the policies are being implemented correctly and enforce. In many places youll see policies on the use of force within the use of force policy, youll have language about revising the policy. Updating the policy. And about ensuring that policy has been properly implemented. That doesnt seem to be the approach here. Its not the only approach but it does make for somewhat more fragmented approach. Im also going to talk about with those of limitation pieces are. We all know about data. We know about internal investigations, drink and those are the kinds of things im going to talk about. And then Quality Assurance. And oversight. This been a lot of discussion about oversight. I will touch on that. Then, not on the sly, but which it pervaded throughout this discussion is this question about culture and leadership. It comes about not just as a result of revisions to policies and procedures, but through Community Engagement as everybody here knows. So, in terms of the policies substantive policies, i know theres discussion and commitment to putting the crisis intervention practices into policy. Thats been noted lately. So, of course, one of the first things i saw was that in the use of force policy theres no discussion of deescalation or crisis intervention and beyond that theres no discussioni think is importantill talk more about this laterbut try to keep it shortbut it should be just crisis intervention training. It speak crisis intervention teams. Proactive prevention outreach to the community, outreach to the homeless populace and that of psychiatric disabilities. This is a concept that should be for mother to us. Its totally consistent with Community Policing concerts. For thing, is not addressed in 21st Century Policing the Task Force Report on 21st Century Policing. Ill explain why that is a little bit later. Are you referring to pres. Obamas 21st century im sorry. Yes, i am. But obamas passports on part of 21st Century Policing which was an important undertaking involves my colleagues and clearly has other imprint in the material. Its quite compressive but it is focus on policing and one thing all talk about is why we should just be focusing on policing. So, theres a number of issues around diversion and crisis intervention that are missing. I cite a couple of the relevant orders that could not to get into a lot of detail here. Although i can so they discuss it later. I can see a marty going longer than i wanted. Really, crisis intervention, the best practices are on forming partnerships with community Mental Health providers, advocates, much as to provide training and knowledge of resources but to actually deploy together and make it team effort to deal with people having Mental Health crisis in the community or risk of encountering a lawenforcement as a result of their disability. There are also policiesi know the focus here is use of forcebut theres a policy on buys policing and that needs to be revealed. I dont have to say a whole lot about it but something i want to mention is only having relevance to this discussion because buys policing takes place in all sorts of forms including news of force. Which may not be addressed in a particular policy. Then, as i mentioned, there should be policies on implementation and oversight. Thus some of those policy. Im going to go through with those different implementation pieces look like oulu to those policy. Alluded to those policies. So, im just looking at my time. Chair avalos says you can take them out of time that you need. Were going to ask questions after. Terrific. Will be here through tomorrow them. Just kidding. Ill make it as quick as i can. In addition to policies, the next visa reform is looking at are those policies implemented. Training is honestly huge way to ensure officers know how to implement the written policies and there should be training on all sorts of things including the things ive listed here, use of force, deescalation, diversion, biased policing, avoiding bias policing and presexual counters and the general order i found there. And procedures. What i mean by procedures, forms, cop processes to whether thats connecting somebody to a Mental Health service or documenting a use of force or what have you. It sort of the paper implementation of the policies. Then, the big topic is oversight. How do we make sure that implementation is actually happening . This whole bunch of ways to make sure that happens. I like to thinka lot of people like to thinktheres oversight or Quality Assurance as having 34 components. Data collection. Data verification. Data review. And response to that review, or Quality Improvement measures, corrective action. So its a feedback loop. You reviewed was going on. You make the changes and new review again and you do this periodically. In various forms. You do through quantitative data, qualitative assessments, civilian input, oversight input, Community Input. So, i artie mention there should be for example in the use of force policy that should be guidance on how to conduct an investigation. Some of that is in their but you see policies that have much more robust much more digital thing was about how to conduct investigations. There should also be reviews where its not for disciplinary action. Its not for criminal and particularly in the Mental Health context which i figure out we upstream how did this individual get to that moment reason countering the police. That means that review includes community Mental Health. It includes the jail. The probation at other agencies who may yet have involvement with that individual. So, then verification of data. This is what i like to refer to as review of the review. I think this is almost the most important thing. Your investigator is going to look at the officer who engages in whatever conduct has happened. How do we make sure that investigation is complete, thorough, accurate, fair, look at all the things that it needs to look at, interviewed everybody, was timely, was respectful, . There needs to beand there are mechanisms already in placeto make sure those reviews are reviewed. So that, if an incident report comes back as not an excessive use of force not a data point that may or may not be active. We want to make sure its accurate and the individual is held accountable as necessary. We cant rely on the first level investigation. There are also times when civilian oversight agencies other entities will conduct a second investigation of the same incident. That may have its place, but more porn than that second duplicate investigation is again an investigation of the investigation. Also, similarly there should be whether this documentation of deescalation efforts a couple of the bulletins that this there, 14. 11 and 15. 501 view the officers of quality and completeness. But its not terribly detailed and theres some, for example, superior officers only notified if the supervisor believes theres possible misconduct. Well, this. Officers should have a role in deciding whether theres possible misconduct. That may be the case but the policy is ambiguous in that respect. When investigations are reviewed, it is not necessarily. The investigations are reviewed for the quality of the investigation. Thats different from the officers incident reports which are reviewed for quality according to policy. There is also policies on the firearm discharge review board, where theres review of investigations of use of firearms, but those policies dont address the review investigation regarding the quality inadequacy of those investigations and also, i would note here, San Francisco should examine the independence of that review process. I would have to spend more time to learn about how independent that is. As i said, there should be a review of the data to see what about trends, bout spikes, certain kinds of the funds, in underreporting. If reporting of this type of incident has dropped starkly, that should raise some red flags. And then lastly quality proven. How do you respond to that data . Do update policies . What training . Again, the policies i see policies that say this policy is going to be reviewed annually and updated if necessary. Thats one way to go about Quality Improvement based on data and other information. So, the supervisors noted the use of force policy has not been updated since 1995. There are bulletins that attempt to updated but this new technology, new research, new data systems and the policy ought to reflect those. I think the policy refers to logging incident but not putting it into an electronic database. So, how do we get there . I want to talk about the need for multisystem review. I want to talk quickly about some considerations and priorities that we should have in mind when we decide what kind of approach we want to take, and then the various options. With its doj or some other approach. I thought about multisystem reform and by that i mean bringing together not only Police Departments but also committee Mental Health systems and other relevant agencies. I mentioned this work did doj does onto a Mental Health systems. We refer to work as olmsted after 1999 Supreme Court case but the americans with disabilities act with a hell that unnecessary institutionalization of this potus is a form of dissemination under the ada. The Settlement Agreements, which are on the dojs website, have a litany of these different services, mobile crisis teams, crisis services, act supportive housing, and the usual fare of Quality Assurance and Data Collection investigations, etc. So, without looking more upstream, youre left with the police having to be the First Responders were the only responders in a crisis situation in terms of Mental Health. Doj actually has made the link repeatedly although they dont conduct the police olmsted investigation or olmsted prison investigation. I think they should but they dont. In a number of their findings letters admit that link explicit. We said were investigating this Police Moment, portland Police Department. That sort of where they left it unfortunate. In the case i worked on wednesday what case involving use of solitary confinement in pennsylvanias prisons, we also had a note in the letter about the fact that addressing this issue over incarceration of individuals with mental on this requires looking at not only jill practices but Law Enforcement and community Mental Health. You can also bring in juvenile justice and probation and the schools. There is a note in the San Francisco reports about 21st Century Policing, i believe, about mou or memorandums of understanding various schools about data online force and moment with students on campus. Ive not seen the mou. Sounds like they could be reviewed and enhanced. As we go forward, and think about the right approach, heres just some of the not compressive listof considerations. A dag pattern practice investigation is looking for example at legal apartments not best practices or policies were committee values of those subtly inform the remedies and those are robust Settlement Agreements much more robust than you would get from other legal organizations. The law is therefore not assume. Best practices among policies, thats what you guys do. It goes well beyond the law. There needs to be consideration to give into whether a legal investigation gets you to that place. And these of various avenues address the multisystem reform approach i mentioned in terms of bringing committee Mental Health . How transparent, how community oriented, how much do these different avenues involve Community Engagement including, as one consideration, the diversity of the Team Involved in addressing the reform . Is dear g teams doj teams show up on the site and your joy with a command color is not always a team that reflects the population are trying to address the concerns of. I then must respect for my former colleagues but we all have our limitations. Ownership versus accountability. We want to own the process. But we also want to be held accountable. Then, how long will these processes take . The practice they all take a long time and we need to be patient and delivered it. And cost, of course. Just very quickly all mentioned, the albuquerque Settlement Agreement 1 million a year to pay the Court Monitor at the portland Settlement Agreement 3 million a year to pay the staff forbut always come with some kind of cost. I like the Settlement Agreements a lot out of doj and is a really good process. Its just there are other resources and i want to go through those quickly. I was asked to comment briefly on the need for independent investigations incident as opposed to the pattern practice investigation. Its an easy one. The newsman independent investigation. Whether its the fbi or another entity. I know thats already happening thats being requested. I dont a lot to say about that. Under the Comment Section and Civil Rights Division takes those kinds of cases extremely seriously. Sometimes they find they need to prosecute it and sometimes they dont and i trust those decisions. Thats one persons perspective. In all these different avenues to achieve reform, theres going to be an assessment or view. This 20 recommendations on policies and procedures. This can be making sure implementation happens and monitoring for some for lack of time to make sure it sustained. So, the special litigation section pattern and practice investigation, is one avenue that there are limitations, as i mentioned addresses constitutional minimum constitutional requirements. There is a cost. Theres the multisystem concern. Theres a lot of outreach to the community and fair amount of transparency they can disclose everything theyre doing, of course. Then of course of huge benefit this accountability. The court is go force them to do it. Doj, Court Monitor but still collaborative. My expenses still very collaborative with the Police Department were with the agency being investigated. You can see all the Settlement Agreements and findings of letter are on dojs website very easy to find and very interesting to look at. But theres notyou dont get any extra abs routines the dear g investigation that you would get from hiring consultants because those consultants that you are the same people that do the Court Monitoring an expert consulting for doj. Theres the cops collaborative reform which i know the mayor has addressed in this incident. They provide technical assistance. Some the same limitations in terms of a multisystem approach. Committee outreach is probably not as robust as Civil Rights Division investigation. Its not nearly as extensive and then there are grants for example the justice and mental Collaboration Program federal grant, which it looks like the sheriffs departments arty involved with good so, there may be opportunities therefore bringing committee Mental Health together. Theres other grants. As i mentioned, theres independent consultants. Devotion to the monitoring. The organizations that are familiar to a lot of people here cna and the rest all those acronyms. Im happy to provide some of those names. I did want to make a pitch for local resources, too, because this is the bay area. It is california. We have some outstanding expertise from academia. Other former doj attorneys and Court Monitors. Judge kordell is obviously an enormous resource. Community Mental Health agencies but some experts on pretrial diversion that are National Experts in the bay area. You have more control over the process if you bring in your own consultants rather than these outside agencies, but you get to make sure this committee engagement. Youve got to make sure that its a diverse team. Thats addressing the multisystem issues, and the last thing i want to say, no matter what course to take i said this over and over againthats to be the involvement of advocates, the committee, families, affected individuals. Thus to be attention paid to disability groups, Racial Justice groups, him and immigrant rights groups. One thing that i found over and over again during this worker doj was more than anything else, adhesives and request that any of the individuals made it was always want to see at the table. I want to be involved in the process because they can trust with the subset of outcomes are. I would go to say to individuals, the feds arty. Were going to get amazing relief. If you could wish for anything what would you wish for . They came up with i want to see a seat at the table but half the time that the vast four. There should be a plan for that too many hours. She organized, thoughtful. It should be meaningful outreach. And not just the service to involve the community. I dont think anyone here would engage in Just Lip Service about community involvement. So, with that, i went way over my time and appreciate the opportunity to speak with you. I want to again thank the committee. I want to thank the community for bringing these issues before being here for having Holding Everyone accountable. This a good audience. I certainly hope to be involved in some capacity im back in the bay area for the last year. Working on issue. I said our commission in oakland on disability rights. Involved in Santa Clara Tony with a Blue Ribbon Commission. I want to be involved in my community and i consider San Francisco to be my community. These are issues for the committee to adjust. Racial issues, civil rights, as this is not rocket signs. This policy. Implementation. Review. Quality improvement. There are different approaches and different considerations. Theres a lot of available resources locally and nationally. I look forward to hearing from this committee about next steps and being available to provide any additional information. If you have questions am happy good i think what well do is take questions afterwards. So dont lose all our presenters. Thank you so much next speaker is going to be mr. Glenda jackson a set of director of the Bar Association of San Francisco as well as president of the criminal Justice Task Force of San Francisco. Weve also joining here in the presentation is julie truong. So julie truong is also of the Bar Association of San Francisco and cochair of the Data Committee of the criminal justice passports of San Francisco. Enqueue good morning. The morning to our city we. Thank you for having this hearing and for inviting us to speak. When we got the call from supervisor cohens office we rest to talk about some of the work that were doing to his committal justice passports which was formed in february or march of last year. It came on the heels of all the killing of young africanamerican men happening around the country. When we brainstormed with the focus of the midi should be, we wanted to do work that is unique to lawyers. We know theres a lot of groups come together to put thought around how policing should change and how different parts of the Justice System should change to become more fair, but we want to take the opportunity to utilize the skills that lawyers are trained with and license to do to Bring Solutions to this issue. The task force is made up of federal and state judges and we can give you a list of everybody makes of the task force if you like good highlevel attorneys in the district attorneys office. Highlevel attorneys in the public defenders office. Top rank officials in the Police Department at sheriffs office. The president of the Police Commission. The executive director of the office of citizens complaints. Various private Defense Attorneys and law school deans. The host of other bar associated members were just interested in the topic. Its been amazing to watch all these leaders who are often on the opposite sides of the aisle was on issues and the koran come together to come up with Real Solutions to these problems. Even in the short nine months the group has been together there had been a lot of success stories. One, being we got behind the grand jury bill those put forth by Holly Matilda went to sacramento, and we were able to get that bill passed that led to a grand jury the da not be able to convene a grand jury when there is a Police Shooting involves the man that now has to be vetted in the public to figure out whether or not charges can be brought against an officer in those instances. Then, we very actively engaged around the issue body camera particles. We had one of our members sit on the working group that was formed by the mayor. We made a written proposal on what we thought those protocols should look like. And got two of the three things that we were proposing happen in terms of those protocols. We are committed to staying engaged in terms of data storage and other issues that are to come back down the pipe. Another uses protocol looks like when a meet and confer phase in those issues are just implementation protocols are being worked out. The other subcommittees we have other than the grand jury and the body cameras are data and analysis groups which is becoming very active now for all the reasons my predecessors just spoke to. In that committee and julie will talk more about thatbut that committee has met in death with top officials from the Police Apartment in the office of citizen complaint with the San Jose Police on an open Police Apartment and they were very candid meetings with very robust information a change on how those two offices and apartments i should say, have made huge changes in how they police and how they work with their officers to be more Community Leasing bodies. We also have a pious committee to just look at these behavior issues that go into policing. And we know that is going to be the biggest challenge because changing peoples behaviors and mindsets beginning to organize spices and not act on dioceses is a huge huge undertaking. Both had meetings with the police chief on this and i know hes done some training this year with kimberlyaround that but its is sustaining sustained training model. Its not train once i hope they remember everything because we talked about changing human behavior. In the final group is the civilian oversight. So, if we can pick some of the issues happening daytoday on the streets of the Police Officers, when things do go wrong, what is the process look like in terms of people filing a complaint, being her, getting feedback and feeling they were treated fairly in raising their complaint. Again the executive director one of her top staff are on the task force and working very closely with us on that. For next year, we are going to probablywere considering we have not made a final decisionadding a use of force committee to start looking at issues around use of force and better policing and issues like Mental Health nurse citizens that gets stopped by the police and then we are also, which is not much about the policing issue but tangential, looking at the veil and pretrial detention and lack of fairness there in San Francisco. So doesnt deal with Police Moment but get charged deal with how people are charge of pickup and the how the rights are restricted on how bail is set. Some going to introduce to you now julie truong was the cochairman of the Data Analysis and Corrections Committee of the group and shell talk to you again about some of what shes learned melodically from oakland. That done Amazing Things in a short period of time. Was important they had to do it under order, but they got it done. I think San Francisco can learn a lot from that. Good morning. So im the chairman of the Data Collection committee and went to previous speaker, we initially took some of our direction from judge kordell. We met with her and she advised us that what we really needed to do, more than anything was to collect data data data. Without Data Collection accurate Data Collection is no basis for analysis. So thats where we started. We start by reading all of the material that has been circulated nationally, the 21st Century Policing report, the president s report. One document, which we received recently which i know we sent to supervisor cohens office, if youve not read it, i think you should. To beengineering training on police use of force published by the Police Executive let me interrupt you. Do you have copies for i dont but i can forward it all electronically to you. If you would like it. Im not going to rely on him just mention it. Colleagues, ill make sure you get copies of it. Its a very interesting article regarding the use of force and the cultural change that is needed in all Police Departments about the nation as we transition from what we call , opened cause, the warrior to the guardian form of policing. At any rate, we started by researching what was available and then we started with meeting with various Police Departments. Judge kordell opendoor for us in san jose. We met with their assistant chief as well as technology people, and on my committee is a commander from the San Francisco Police Apartment donnie chaplin, whos obviously involved and very committed to doing this work. Also a staff attorney was with joyces office, with the opposite citizens complaints, and member of the aclu and judge Laurel Beeler and ed linda the committee activist and i think well known to all of you. So, we started with san jose. We met for many hours with san jose. They share with us some of the changes that they went through and i think both for san jose and for oakland, the commonality in that there was some outside force, some outside interest that cause changes to occur. Honestly for open it was at a Consent Decree. Which is expensive. I think for san jose was judge kordell. They start with rewriting all the general orders all of their general orders are current, uptodate and searchable on the san jose website. Then they started with the Data Collection. They traded and brought officers to the table and work with them on how could they in a very quick way, gather information for every single stop weather was a pedestrian stop or traffic stop in 90 seconds or less. So they would have a way of collecting all of the data on race, reason for the stop, location, whether the was search or anything retrieved from the search, all of that. They were in the process of just solidifying their rps with Technology Organizations that were going to assist them with that. After that, we went to open. Weve now to beatings with open. I think our meetings with oakland have been amazing. Even meeting with assistant chief paul figaro , the chief outlaw and their Technology Assistant sgt. And their Technology Assistant sgt. This is what weve learned from open. Oakland. I should start by saying before we met with oakland met with chief workshop guzik Consent Decree officer in charge of oakland. So, oakland is an interesting Police Department. I mean, most of us whenever well the riders for me to stand here today and tell you that this department is a department is a great model tells you how far that department has come and im here to tell you that i think cultural change within department is very difficult. It has toit takes a tremendous amount of work. I hope to share with you later, theyve just released their 2016 Strategic Plan. That plan talks about their mission to create a culture of selfexamination. In policing. That is an enormous shift from a warrior kind of mentality that was created when we as policymakers made it our business to start a war on crime im a war on drugs, and i think a lot of policing, please training, some of what you see today, is a carryover from those times. So, shifting from the warrior to the guardian, the partnerships with the community. This requires a cultural change. What oakland shared with us is the importance and san jose said exactly the same thing. You have to partner with professionals. Oakland has been the lucky to partner with Jennifer Eberhardt from stanford who has assisted them from the beginning in the development, not only of the Data Collection, but most important, the Data Analysis. The most most exciting thing we learned, and paul figaro took us into his office, where he showed us what is just about to be started. He had a dashboard with a can now take not only all of the data from the stops they had made over a number of years, but also thousands and thousands of hours of body camera footage emma because, recall, oakland has been using body cameras longer than anybody. That is all fit into a database they can analyze it instantaneously. For example, he showed us taken the name of one officer, he could, over time, see how many stops that officer had made, what was the race involved, the reason, was the Research Anything recovered from that search. Type into a Software Program is all the current and recent research on implicit bias and exquisite by so markers can be looked at. What is about to be released in april of this year by stanford and dr. Eberhardt is a study where they are hopefully creating an algorithm which can take all of this data, including all the body camera footage, and from that they can see and hear body language and words used, not unlike those Customer Service calls that you make where they say this is going to be recorded. That too is a Software Program that recognizes certain kinds of language that then triggers a supervisor to come into the call and listen. So the same kind of thing cannot be used so that you can go through thousands of hours of body camera footage in a matter of moments to look for ways in which this officer might b need more training. Or this squad could if this squad is making too many stops and nothing is being recovered in terms of the searches, that needs to be looked at. So, what is important in terms of oakland and san jose, they both say youve got to get someone like Jennifer Everhart involved in this process to assist you with the analysis. Outside analysis will assist you with your transparency and your accountability within a Police Department so they can help you with that analysis and you go back to training. They are also using with bias screening intervals of training. Its tied to Risk Management. Theres no point in collecting the data werent using the body camera footage, unless it can be tied to all of these other things like Risk Management and training. If you look at thisthis is again, referencing this report, we spend 50 hours nationally training a Police Officer in the use of firearms. We spent eight hours on deescalation. So, i think a shift in that. Oakland is talking about in their shooting range training they are not just training to see how accurate your shooting his, they want to measure how many situations you can encounter without ever using your gun. What is your ability to negotiate . What is your ability to deescalate . What is your ability to solve the problem without the use of force . So, we are in the middle of our work. We are not yet ready to issue a report. We only that a second meeting with oakland last week. So this is new information. I did send to supervisor cohen a short article written by paul figaro on these three levels of analysis of body camera footage, which i think you can share with everyone. That would be helpful and as soon as i get the okay from them that we can share the Strategic Plan with you. I think that would be something youd be interested in seeing. But this is not a small job. This is a big job. I think that if youre looking for quick fixes, those are grammy bandaid approaches. I think were very lucky that we have opened just across the bay. Theyre more than willing to help us. Certainly, our commander is part of our committee, has been completely and totally open to hearing everything that they have to say and know please bring it back to our department. So, must have questions, we expect we will have our subcommittee probably reach some conclusions within the next month or two and then we have to go to our board and then you can have our recommendations. Thank you for being with us today and for your presentation. I hope youll stick around a little bit. Well have questions at him. Next to her record to hear from ms. Joyce hicks, director for the office of citizen complaints. Good afternoon. What good morning. Supervisor don joyce hicks, director of the office of citizens complaints. Im going to drop was my prepared rocks because so much of what i wanted to say has already been said. By mr. s isler, by ms. Truong, i did provide you all with statistics from the office of citizen complaints on use of force applications, the percentage of use of force, allegations we receive on an annual basis in the number of allegations that we sustain. A large number of our findings are not sustained. Our standard for preponderance of evidence, but we believe with body camera footage and also with video camera footage that we are received we are able to make more definitive findings in the future, but what i would like to focus on policy recommendations that the office of citizen complaints has made throughout the years. Also, without stealing the thunder from the Police Department, whos also in attendance at the Police Executive Research Forum meeting, today meeting last week, to say that i was a civilian oversight practitioner in the room. However, there was an attorney from the department of justice there, christina lopez, who i know from my city of oakland days, as well as ron davis, who is the director of and many important recommendations are going to be coming out of that today meeting which was preceded by another meeting from which that first report came. We will be a final meeting on january 29, only Police Chiefs are invited to that meeting and out of that meeting will come a National Model on use of force. But what i will say, the highlight of the first meeting was the message to officers about sanctity of life. And how its not enough in line is to say to officers, be safe out there. But also, to preserve the sanctity of life. To look at deescalation models , to look at, as ms. Truong spoke about, the guardian as opposed to warrior. While still ensuring the safety of officers. To look at theto throw out the 21 foot rule about weapons. To look at a different model. A model that would look at tactical repositioning a euphemism for retreating instead of charging in. Of using shields as a part of the process, of using weapons other than a weapon of deadly force. If necessary. But what i took away from that meeting was something from the retired commissioner of the philadelphia Police Department. He said, in these situations, the most important tool and officer has are the officers years and the officers mouth. Also, what was really telling at that today hearing was hearing from the United Kingdom from scotland, most officers do not carry weapons but theyre dealing with individuals who havei should say most officers do not carry firearms. Theyre dealing with individuals who have machetes were nice. And have a tactically reposition, how they create teams. Or how they tried to deescalate. So, without more,i know the captain he was at the meeting we will talk more about. San franciscos plan i will talk about the policy recommendations of the opposite of city complaints made over the years. In addition to being an Investigative Agency our agency also makes policy recommendations to the Police Department to enhance the Police Departments relationship with the community while still ensuring officer safety and then i just want to show you all the police use of force in new york city, a recent report that came out of their office of Inspector General. Which is different than their civilian oversight Investigative Agency, ccr be. It was written by philipfairly new Inspector General and he makes many recommendations on use of force. So i think this would be an important tool to consider as well. But in going over that 2012 policy recommendation, regarding use of force, one of the recommendations we made was in his review of officer involved shootings by requiring the Police Academies Training Division to provide a written training analysis of each officer involved shooting that includes for reviewincluded for review by the firearms discharge review board. Im sorry you have a copy you can share with us of the recommendations . I do not unfortunately, supervisors. Just because of the passive time i was not able to provide that. These are recommendations in our annual report but ill make sure that the supervisors received it. Thank you. Could you repeat the first one, please . Yes i will. And ill read it were slow. To enhance the review of officer involved shooting by requiring the Police Academies Training Division to provide a written training analysis of each officer involved shooting. That is included for review ive got firearms discharge review board. The firearms discharge review board is that internal to the policewoman . That is the police robin board that determines whether discharge of a weapon is in or out of policy. It can range all the way from a discharge without hitting anything up to and officer involved shooting that results in a fatality. But board is comprised of command and staff from the Police Department, as well as to civilian representatives who do not have a speedo. Im one of the civilian representatives and a member of the Police Commission is the other civilian representative. A second recommendations we made is requiring the department Training Division to develop a training video and written material to address tactical responses to Mental Health crisis calls involving individuals with a bladed weapon. The third use of force recommendation we made in 2012 was developed written officer involved shooting procedures for the department these on to the family of the individual shots. And also to the community. These are recommendations . These are recommendations and the Police Department can address have it implemented can you tell us have any these recommendations been implemented . In part, not in whole. , you recommendations are you going to read off to estimate . Im butchering off maybe five more. To enhance the procedure for obtaining the assistance of a bilingual officer or other interpreter of officer involved shootings and other Critical Incidents. In 2013, we made six recommendations on use of force and officer involved shooting. The first gen. Order 3. 10, to include the officer in charge of the department Training Division as an advisory member of the firearms discharge review board. Now, while some of our recommendations have been addressed through department bulletins, department bulletins are not permanent. They only exist for two years west department gen. Orders are permanent. Second, department gen. Order 3. 10 to include finding categories including training failure, policy failure, supervision failure, tactical debrief administrative disapproval. Number three, require a sergeant or officer of higher rank to respond to any call involving an armed suspect. What i learned at the meeting was that when a supervisor arrives at a Critical Incident be shooting are reduced by 80 . If the supervisor is there to deescalate. Develop a protocol with the department of Emergency Management so that dispatchers merely notify a sergeant or officer of higher rank and the dispatcher receives a call regarding an armed suspect. I should say armed subject. For, developed with the questions that dispatchers will ask to determine whether the call involves an individual with a Mental Illness and obtain Key Information about the individuals Mental Illness. Number five, revise the general order 6. 14, 8. 02, 8. 01 to establish written protocols for the permits crisis intervention team. Number six, implement department 2011 obligation to design a Data Collection system to review and evaluate Mental Health crisis calls in the promise response to such incidents. I just also want to briefly refer this committee to the office of citizen complaints Third Quarter report where we provided responses to president obamas task force on 21stCentury Policing. We concluded that with regard to Data Collection, that the department that should have a more about Data Collection program, that use of force incidents are posted on its website. That it be available monthly. And that forms be developed, electronic forms be developed to implement this should currently be occ receives the use of force report but their hand written. That thesecondly, that the department we examine policy training and evaluation of force incident in light of the california Supreme Court decision hayes versus san diego. Where the court ruled under california law, but tactical conduct and decisions preceding in officers use of deadly force a relevant considerations in determining whether the use of force was reasonable. And that in all cases involving the use of deadly force sfpd baldly tactical conduct and decisions preceding in officers use of deadly force. In the analysis be included in the evaluation of the incident. We suggest that sfpd use its devices use of force policy and training to include consideration of tactical conduct and decisions preceding in officers use of deadly force. A final recommendation that we made was that the department meet quarter. The policewoman meet quarterly with my office to identify training policy and procedural recommendations arising from disciplinary cases. That, and brief concludes my remarks. Do also the recommendation that the Police Department approve your recommendations . Well our accommodations go to Police Commission. The Police Commission ultimately determines what the Police Department policy will be. It is the Police Commission that adopt the draft general orders and then they go through a meet and concern prosecutor so, i note supervisor, that was tongueincheek but in a roundabout way, ive seen it, we have been making these recommendations for several years. Thank you. Thank you very much. So, i think were going to come to a close on the presentation. Thank you for your time to the presenters, but that, today. I think its evident and very clear tool that we have a lot of work to do. The good news is, weve got a wealth of information and tools right ear at our disposal. I here in the bay area. All he has to do is begin to ask for help and this is clearly not something we can solve ourselves in a vacuum and without the Community Input or communication. This also includes other lawenforcement agencies. That local talent rate here we need to be utilizing. You have many times dr. Jennifer everhart, frankas laws as well as youll wind up jackson and her task force. The Blue Ribbon Commission to up us solve some of the challenges we have here. Theres a National Movement and Police Reform and San Francisco we seem to be uncharacteristically behind the ball in some areas. So, what you heard from the presenters here today is a framework for evaluation under existing policy. Then you heard a presentation about best practices, the need to partner with thought leaders that are doing the work that reporting the data and analyzing the data , and how we need to begin to push our sfpd for different internal cultural change, a change from where we are to a place where we are creating cultural of selfexamination. I think the strong put it nicely when she said that these change from a warrior mentality to a guardian mentality. I think that would also speak to a lot of the Community Feedback ive heard. Now, to finish the presentation weve heard from joyce hicks, the director of office of citizen complaints and she gave us some very tangible list of policy recommendations that we can continue to push to see implemented. Ms. Truong also referenced this is going to be a tough uphill battle to make this. To make these changes come to fruition, so i look forward to getting a copy these policy recommendations and sharing with my colleagues here, but also the same bedroom and putting the pressure on the Police Commissioner so they begin to implement this change. Now, i just invite i think we have a representative from the sfpd. I didnt realize thatthe chief was scheduled to be here and hes not here. Please come and with a four to your presentation. Then ill finish once you conclude our your presentation ill finish my remarks and then well have questions for the presenters. Thank you. Good morning. Thank you for seeming my name is greg pettit of the Training Division for the San Francisco Police Department. And im here to provide a report on some the changes weve made in the leased apartment recently and moving toward some of the recommendations and how we plan to implement and improve upon those recommendations thank you, capt. At the direction of the police of of chief the San Francisco policewoman has convened a Panel Committee to review policy. The committee will research discuss proposed changes to 5. 01 and 5. 02. As director hicks mention we do have a bulletins that expire after two years, but traditionally renew those bulletins such as shooting at vehicles, responding to a call from people in crisis,so the intent is to revise general orders to bring them up to speed and up to date from 1995. The committee is meeting today as we speak along with the Training Committee which also review best practices from internally and externally from the region and the nation on training requirements and training philosophy that are in the best interest of the department and the community. Immediately chief has made some quick changes in our vista qualifications. We are now all her pistol qualifications required one hour of training for the officers were they go over policy procedure and deescalation. Traditionally, it was just you go and fire a firearm for marksmanship and manipulation of the firearm but no were adding the components of policy review and deescalation. As for the pistol qualifications, they know all those targets would turn this into. Theyre alternating targets were officers up to see the threat on their own, see the situation on their own and then act accordingly. This was while targets turning at the same time and all officers firing at the same time. The obligation course has been modified so that edge stage of fire there no more than two shots fired per stage, where theres time for officers to assess and reassess the situation before firing an additional round. So, those things i meant to slowdown the situation for officers to take the time to assess the situation and evaluate the appropriate use of force. If needed. Not all situations will require active firearms obligation to fire their farms enabled we will stir their farms if the situation resents is always a nonshooting situation with the change from the past where every turn of the target require the officer to fire. Supervisors and other members and other speakers imagine its going to take time to change the culture of the Police Department in part that change is Building Trust with the community. In generate 1210 numbers of our department went to localwent to oakland to take their procedural justice and implicit bias course. It was an eight hour course. The department intends the plan is then to take those 10 trainers and train all members of the San Francisco Police Department in the procedures of justice and implicit bias so that officers understand the community has to have a voice. There needs to be neutrality. The need to the trust and respect in order for our department to better serve the community the chiefand myself are going to participate in the state California Department of justice principal policing course, which is the statewide procedural justice course and the 20th trainer to train of course in march of this year will send additional trainers to that course to learn from mac was what we can bring back to San Francisco to tailor principal policing and procedural justice for San Francisco. In february, the department is going to host a conflict resolution course. Its hosted by the new York Peace Institute and its a fourday course where the officers will develop range of new skills to peacefully deescalate conflict and constructively engage the public. This is in addition to the cic training which is 40 hours for every single recruit that these the academy. The academy cause i graduated last is currently in their last second to last day of cip training which includes the Mental Health. And lieut. Molina can speak further on that if you like. Back in october of 2015 we made some changes in our training at the San Francisco police academy. It was called a nonsafety healed tactics course were officers were meant to [inaudible] but we added a deescalation component to that , which was a nonshoot scenario. Where officers were faced with a person encountered a person with a edged weapon and the gold that was deescalation, back out of the situation, maintain and assess the situation to negotiate a peaceful resolution to that encounter. Which we mixed in to a course that was primarily the firearms tactics course. So, we switch it up on their grades so that they have to understand that use of force is fluid. Its dynamic. It can escalate and deescalate and they have to respond appropriately and as we learned in washington and from the uk, after respond proportional. With the use of force proportionate to the situation that presented itself to the officers . In addition to Firearms Training deescalation, the department has also invested or reinvesting into the officer. The officer have the capacity to deal with situations . How do they manage stress . How do they make decisions under pressure. Through blue perch, Inclusive Leadership we are reinvesting into the officers to not only work on their Tactical Training but also their critical decisionmaking ability under stress. To see how they handle and how they can build the courage at times to intervene when things are not going right. That is a shift in culture of having officers take the stand, another shall officer on the shoulder and say, step back. But we assess this and lets move forward. Some of policy guidelines fromas director hicks mention is the sanctity of life. In the United Kingdom the sanctity of life is the focal, the middle of the wheel of the national decisionmaking model. Anything that revolves around the decision to use force revolves around the sanctity of life. That all life is important. All life matters. We need to ask our officers, winners onto the scenes, do i need to take someones life . The last thing we want to hear from the public is, i asked you to help my son or my daughter not to take his life. Those are questions the officers have to ask themselves. They have the ability. They can use force, but should they use force. Those are the things were instilling into the recruits and is officers come back for the biennial training, how do we develop them to remind them that theres more to the use of force. What are the communitys expectations . Must go beyond policy advocate what the community expects. If that was your mom is that if that was your dad, that was your relative on the other end, how would you want them treated . How to want the situation resolved . So, those are questions we ask recruits that every decision they make their responsible for. With that spots ability, they will be accountable for that. Even if there at the scene and they dont take action, though still be accountable for not intervening on situations that require intervention. I slain to them that we sitting at the front row of in the blue seeds and when that splash comes the prepared to get splashed and what im good ask you what did you know, when did you know about it and what did you do about it . These are hard things for others to wrap their mind around, but its a shift. Its a shifting culture that were instilling at the San Francisco police academy. The take away from fromuse of force continuum. The continuum implies its a rollingits moving forward like an escalator. Its not a continual and we try not to use that word continuum. Because each forces dynamic. Its fluid. Only to escalate and deescalate. What changed in the situation after striking a person with a baton . Which had the officer increase the level of force . Cannot officer explained that . Should that officer increase force in that situation had not changed . These are scenarios that we build for the recruits. These are discussions we have with them. To affix and professionalism we want to provide the best Public Service to the city and theres no nothing else we can do to provide the best. When we review our policies, i mentioned proportional use of force. Our policies reference reasonable. In the uk they reference proportional. Was a force proportional to the threat or the situation . The words we choose our policies make a difference on how the officers read and interpret it. The big importance, the big thing is slowing things down and that she has made things clear to the officers and my Training Staff is that, time, distance, cover and report. So it things down to assess the situation to make sure the decisions be made by the right decisions not only for the department both of the community. We take that very seriously. That although there is the 21 foot wool, which is mentioned in the report, we mentioned that in the academy as an awareness. Its not a line in the sand where someone steps within 21 feet we have the right to use force. Its an awareness. Its a tactic put on a video from the late 80s