Transcripts For SFGTV LIVE Police Commission 20160915

Sfgtv meeting of the San Francisco Police Commission for september 14, 2016 will begin shortly. I call the meeting to order. Can you please turn off your Electronic Devices and they tend to interfere with the equipment in the room and please rise for the pledge of allegiance. I pledge allegiance to the flag to the United States of america and to the republic for which it stands, one nation under god, indivisible, with liberty and justice for all. Commissioner loftus i would like to call roll. Thank you. President loftus. Here. Vice president turman. Here. Commissioner marshall. Present. Commissioner dejesus. Here. Commissioner mazzucco. Present. Commissioner hwang. Here. Commissioner melara. Here. Commissioner you have a quorum tonight and tonight is the interim police chief Toney Chaplin and staff and director hicks. Good evening to the meeting and everyone at home and i believe the only change is the chiefs report and will be over the standard deviation to next week and its a lengthy report and given the size of the agenda tonight and the number of items in the session were going to put it over. I would like to thank captain connley to review. With that please call the first item. Report to the commission. 1a occ directors report and allow the director to report on recent occ activities and make announcements. Presentation of the occ 20,161st and Second Quarter reports. Presentation of occ statistical reports and summary of cases received mediation and complaints of adjudication sustained companies on the dates listed. Occs response to the civil grand jury for fatal officerinvolved shooting 2016. Good evening director hicks. Good evening. As determined the members of the Police Commission and chief chaplin and members of the public and joyce hicks and this evening i will endeavor to move through the several occ reports that are your agenda since you have a packed agenda. The first thing they will do is to combine the first and Second Quarter reports. They have been provided to you in previous packets, and we are almost at the conclusion of the third quarter, but what i will say for the first and Second Quarter by the end of the Second Quarter the occ had happened 301 cases and closed two then. By the end of the Second Quarter the occ mediated 15 cases from the First Quarter and 13 from the Second Quarter. The number of complaints that were sustained the Second Quarter represented a 10 rate and the mediated cases represented a 9 mediation rate. Transparency is extremely important to the occ as it has been throughout my nine year tenure but at this point in history transparency has risen to the forefront as being extremely important for all of us. The occs mission include informing the public and engaging them in our work and in light of recent officerinvolved shooting relating in fatalities redoubled our efforts in Community Outreach with the beginning of 2016 and response to Community Members that requested Greater Transparency from us through our participation on panels and attendance at Community Meetings to describe the occs role in addressing complaints of Police Misconduct and neglect of duty and we responded to request to information and hold meetings with Pro Bono Legal staff to the Blue Ribbon Panel on transparency accountability and fairness and Law Enforcement and we also provided testimony i provided testimony at one of their hearings during the First Quarter the occ responded to information requests from meetings with representatives from Community Oriented Police Services and cops and the u. S. Department of justice in furtherance of the Collaborative Reform Initiative between the San Francisco Police Department and the department of justice the during the First Quarter the occ at that point it was confidentiality and required by law and met with and provided information to the San Francisco civil grand jury during its investigation of the officerinvolved shootings. Finally during the First Quarter i provided senator mark leno a letter in support of 1286 senate bill and reflebilitied the city and county of San Francisco to greater access to peace officer personnel records related to serious uses of force and in cases of sustained findings of misconduct for certain allegationses. Now, moving to the Second Quarter by the close of the quarter the occ investigators were investigating four officerinvolved shootings resulting in fatalities. Thats the largest number of fatal cases that the occ has had at one time. We continue to enhance our Community Outreach efforts which as i have indicated we began in earnest in the First Quarter of 2016, Community Members and members of the media requested to request Greater Transparency from our office, and of course we are contained in what we provide by Public Safety officers procedural bill of rights when it comes to peace officer personnel records. During the Second Quarter of 2016 we racks with the panel on transparency and accountability and fairness and continued to work with the staff. We attended the final hearing of the panel where they presented preliminary findings, some of we which concurred with and some we not. We responded to requests and from the cops office as well. When it in the area of officerinvolved shootings and proposition d during the Second Quarter we continue provided Technical Assistance to Supervisor Malia Cohen on the propdition measure that she authord and investigate all officerinvolved shootings and not just the ones is not of complaints. I testified at board of Supervisors Committee hearings and a ballot simplification hearing on the impact of the measure. My staff provided interviews to the print, television and radio media on the impact of the measure on the occ and at the june primary prop d it justified over 194,000 yes votes and 81 votes cast and the largest percentage of yes votes the San Francisco june primary ballot. Going to organizational and budget matters by the close of the Second Quarter 16 permanent line investigators staffed occ but 13 had full case loads. One permanent investigator who was working on an officerinvolved shooting case did not have a full case load at the end of the Second Quarter. Two other permanent line investigators were acting senior investigators during the Second Quarter and they had small case loads and the two senior investigators one continued to fill the vacancy created when the person in that position was promoted [inaudible] and delay in filling the fogz position was from the creation of the list and the department of Human Resources was finally able to provide the occ with the necessary testing and the list, and we were able to recruit and fill. The other active senior investigator continued the vacancy when the investigator on a longterm leave of absence retired and by the end of the quarter there were five vacancies and two line and three senior investigate ors and while our budget at that time our budget provided for 18 line investigators and four senior and chief of investigation, and by the close of the Second Quarter 18 employees staffed the 23 investigator positions. During the Second Quarter an investigator resigned. The senior act clerk retired on june 30, 2016. The good news. John aldon was filled to fill the attorney position effective may 31 and aaron swrizzers of hired on the 27. During the Second Quarter the occ interviewed and offered senior investigator positions to three internal candidates and some are in the audience this morning as the occ investigator on call. They were hired to begin on july 1. We recruited and hired carlos via real as an investigator and began in 2016. Moving to engage items and i am move to the happy ending. The Police Commission and president loftus thank you very much very much supported the occ in its efforts to enhance its budget and that advocacy and we do thank mayor lee as well as the board of supervisors resulted in nearly 2 million in budget enhancements for the occ and so the occs 20162017 budget is 7. 7 million dollars. What that does is currently the occs budget has 39 positions but beginning on october 1 we will have 44 positions and that will result in an additional four journey level investigators and a senior investigator. Currently the occ has six vacant positions were in the process of filling. We are conducting interviews as i speak, and we are conducting interviews for journey level investigators, for the 1632 senior account clerk and we will begin interviews next week for the hmong information technology. Analyst assistant and come october 1 we will be able to begin filling some of the five vacant positions which include four investigator, journey level investigator positions and one senior level investigator position and we are required to at least hold one senior and one journey level investigator position open, but we have been able to lets say hire in advance because we were advised that those five positions wouldnt count towards the attrition fact, and so with regard to that we already started to fill those two positions. Moving on to complaints of note. I keep the commission abreast of complaints of note through our quarterly reports, and as i have indicated we currently have four officerinvolved shootings that we are investigating. [inaudible] Jessica Williams, anita [inaudible] lopez and marie woods. We have a complaint under general order 5. 1 five enforcement of immigration laws. On that we are investigating. We have another complaint involving the destruction of homeless encampment at 18th and shotwell street and another complaint by a facebook posting by one of the officers who shot and killed a alejandro neateo and we have a complaint involving the detection of a disabled man with a prosthetic leg. We are still carrying two cases involving the f ro, unlawful entries and searches. We anticipate closing those soon. Another complaint we have involves a woman shot and killed by her exboyfriend and racist and homophobic Text Messages cases. As i have indicated the occ was heavily involved in outreach in both quarters. I am here at Police Commission meetings with you all on wednesday nights as well as a member of the investigation staff, and very often samra marion is present as well and the prls analyst attorney and also this evening manny force is here occ attorney is here because of the work he has been doing with the Bar Association of San Francisco. And occ attorneys and investigators in may attendedded offenders summit on use use law and less lethal weapons. The Deputy Director and senior investigators made presentations at classes of cadets and of psas, San Francisco Police Academy. Mediation coordinator Donna Salazar attended an events by the peninsula conflict Resolution Services on the use of adr and is active in the mediation community, and she also has been active in attending Community Meetings in western edition and western edition a nei and visitacion neighborhoods. In june there were attorneys at the fair and i wont go into more detail and i often provide this afternoon to you already. In the area of policy analysis which is an extremely part of the occ ark work, essential part of our work pursuant to charter we are required to provide recommendations concerning the Police Departments policies or practices to enhance police and Community Relations while still ensuring effective Police Services and as i indicated samra leads that policy work and during the First Quarter her works ifed on the Police Departments use use department use of force general orders as well as the Crisis Intervention Team, department general order and also Language Access projects, and again i will not go into great detail about the use of force issues. What i will talk about is during the First Quarter the occ completed and provided Police Department general draft order on Crisis Intervention Team procedures and tell uses, and the occ worked in partnership with the Police Department and several Community Organizations to implement a cit program that provided the appropriate Police Response to Behavior Health crisis calls. And during the First Quarter the initiated license projects came to fruition. Since 2007 the occ has recommended that the department comply with the mandate during under the general order on Data Collection. Use of bilingual officers and Language Line to provide services for limited English Proficient individuals. In february 2016 the department issued Department Bulletin 16029. It requires officers to commence using the limited English Proficient data entry field whenever they write an incident report involving a victim, witness or a suspect. Also responding to occ recommendations in partnership with the Language Access working group the department issued Department Bulletin 1603 and training video and Online Survey regarding the general order and the Department Bulletin requires all officers to review the training bulletin. In the Second Quarter the occ proposed that the Police Commission resolution Police Departments collection analysis and reporting upon sexual assault. Forensic evidence that was anonymously the resolution was unanimously adopted. The occ works extensively with Community Stakeholders and the representative from the San Francisco Police Officers association and submitted the draft use of force policy and the Police Commission, this Police Commission unanimously adopted that draft. We continue to advocate that the Police Address the occs 19 recommendations that we made a year ago in response to the president s task force on 21st Century Policing. And because those items will come up next week i will not read all 19 of them to you this evening, and moving quickly through the Police Commission provided for the occ to present a line edited of general order as listed and from Community Stakeholders including the occ, the Bar Association of San Francisco and their representative julie tran is here in the audience this evening. The aclu of northern california, the offenders office and coalition on homelessness and the blue ribbon working panel on use of force and officerinvolved shooting, and shortly before the Police Commissions final vote on the use of force policy which was june 22 basf, the Bar Association of San Francisco met with the representatives of the San Francisco Police Officers association and the occ about the proposed use use version. There were extended negotiations that took place and the occ Bar Association ko a provided the Police Commission a line edit version three in which the occ, the Bar Association, poa representatives reached agreement concerning aikts of the use of force provisions. As we know those are in labor negotiations currently. Agreed upon provisions included the use of force use of force policy is more restrictive than the constitutional standard and state law and requires officer to use deescalation and other practices before force. The parties didnt meet agreement on co carotid restraints and shooting at vehicles and penal code and three areas. The Police Commission after hearing testimony agreed about the 12 identified areas and voted unanimously to adopt version three and the Commission Also requested that the occs policy attorney, samra marian was a subject expert during the meet and confer process with the San Francisco Police Officers association. And in june the occ reinitiated discussions about the 19 points the occ made on the 21st Century Policing report and that in brief summarizes the first and Second Quarter report. Any questions for director hicks on the two reports . And again these are summary reports and we get a number of updates so thank you for the comprehensive report. I want to note one of thing of concern to Community Members in regards to some of the discipline from occ cases not resulting in termination and you do note in this that two of the cases that you sustained in december of 2015 would have come to the Police Commission but one officer retired and the other one resigned and its important for the public to know with progress discipline and knowing what the outcome is going to be changes disaifers and those officers needed to separate themselves from the San Francisco Police Department so i wanted to draw attention to that and certainly acknowledge the significant policy work we have talked about for some time over the past two quarters the occ has been a tremendous partner in that effort. Thank you. Commissioner hwang. I had a question and i appreciate the fact that you put in what the occs recommendations were on each of the incidents and i guess my question is if the discipline imposed by the former chief was different from what the occ recommended whats the occs recourse . Can you bring those cases to the commission . What if you think its a case that warrants beyond a ten day suspension or below ten days what happens then . Well commissioner hwang it has not been the practice in the past for the occ to bring cases to the commission that are below the ten day threshold should there be a disagreement on discipline between the occ and the chief of police and practicality because the occ has been so very short staffed often were butting up against the 33 date. I believe we will have more lead time as we hire up but in answer to the other part of your question. Should the occ should i determine that a case is Commission Level and the chief disagrees then i sign the charges myself, and the Police Commission currently has a case before it where the chief and i did not agree on the level of discipline, and that is more often the case than whether or not there should be discipline. It is the level and so i am required to meet and confer with the chief of police on those cases that i deem Commission Level and if we are not able to Reach Agreement then instead the chief filing the charges i file the charges. This is the second time in my tenure that i have done that for something that i deemed to be Commission Level. But if its not Commission Level if the chief is recommending a verbal reprimand and youre recommending a written reprimand does it default to what the chief says . Thank you for asking commissioner hwang it has in the past, and the i have formalized my input on discipline by providing in writing the discipline that i recommend on occ sustained cases, and i refer to the section of this Police Commissions guidelines on discipline and penalties, but i have not upon learning that the chief disagrees with my level of discipline or that discipline should occur at all, brought it to you. The only way i am bringing it to you and now this is a fairly new process and its evolving is by providing these monthly comprehensive statistical reports. Last question. So i guess what is our role if we see this . We dont have the facts of the case. We have a quick summary. For purposes of time i will jump in. Commissioner hwang if youre interested looking at this and making a deeper dive and a recommendation and when the director said if there is a disagreement between the chief and the occ there is not a mechanism to bring it to the commission unless its more than ten days and warrants it and you could look into it and if there is a recommendation to address it differently. Thats what we asked for is know what recommendation is. My request if you remember we would hear the verbal if there is a disagreement but not aware there is a disagreement in the sanction and uncovered a issue that i encourage to you look into and make a recommendation to this commission. Does that answer it for the most part director hicks . Does i miss anything . President loftus i have nothing further to add. Anything further commissioner hwang. There are a number before us and are we acknowledging there is a disagreement and its brought to our attention now and should we act on this. I think youre raising Great Questions and my suggestion is look into it deeper and make a recommendation to the commission. Its not something on the agenda tonight but i welcome you to look into it. That will require some studying of the charter, some creative thinking with the city City Attorneys so my thing i dont think were getting suggestion tonight. I think youre raising good questions and help us to look into further and to report back. Anything further on this matter . Yes. President loftus there are three members of the and members of the commission there are three monthly statistical reports for theres one for june, one for july and one for august and the interest of time i can defer going through them case by case. Each one of them list the cases in which the occ had a sustained one or more sustained allegations, the discipline that was recommended by me, and the discipline that was imposed or not by the chief , so should you wish for me to read through each of the cases can i do so or if not i will not. We have the report so i dont know thats necessary from my perspective. Vice president turman. [inaudible] jesus. I just want to follow up from one thing from commissioner hwang and when you have the meeting with the cleave of police and up to ten days and if i heard you right and the chief disagreed with you youre butting up against the statute statute of limitations and you will meet with the chief of police and thats fine but if youre in the issue of ten days or not ten days and they disagree with you isnt there a way to file here because were talking ten days, 11 days it makes a difference and ten days it comes in front of the commission so when you were butting up against the statute of limitations does something prevent you from filing with the commission and continue to negotiate and take it back to the chiefs level . Yes, commissioner dejesus first of all i do not meet facetoface with the chief in every one of these cases. There are in the cases that i am asking to take to the commission certainly we will meet facetoface regardless of the statute of limitations. We will make sure that happens. There are some instances its happening less and less where discipline is imposed and there has not been a conversation, and i know that the department is endeavoring to ensure that happens, but i will give you an example of where it was not a Commission Level case, but i believe that it was a sustainable alleged. The chief didnt and we had a lengthily conversation about his perspective. I provided him my perspective. We agreed to disagree. And again it was a neglect of duty allegation so the level of i mean every case is serious, but the degree of seriousness according to your guidelines was at the lowest level d and i dont believe it warranted bringing it to this commission, but the commission as president loftus indicated can clarify policy, and provide me and provide the chief direction on what you want would want us to do when there is not an agreement on a penalty. I would say file the complaint and then get guidance from the commission and thats just me. I think it needs studying and a legitimate policy question and if a complaint come toss the occ and an disagreement and to the full commission for lower level and compared to ia and then the chief and we have to think about the misconduct and entry ways and treating them fairly and having a clear path to the resolution. There are open questions here and i understand the occs reticence for a d level offense and the commission had the questions and we have a disagreement and have more questions. Sometimes the facts arent complete so its an open area we have been searching for and we need to calendar it. Commissioner hwang you raised good questions but it takes work. I have one thing and we have cases from chief suhr and needed guidance and brought it to us and took it back and if you need guidance and file it and bring it here and see how it goes forward or back. Thats what i would say. I believe with chief suhr he did that if somebody had termination held in advance and low level offense so it wasnt low level offense and held that way and we have been focusing on serious misconduct and i think thats the progress we made. Were raising good points and lets be thoughtful how we approach this and invite assistance from commissioner hwang. Vice president turman. Thank you reading and understanding could you switch the order around in your presentation from what you recommend and then what the officer received instead of doing it the other way . Yes. Okay. My comment i asked the occ to switch around the order so it reads in the report where the recommendation was and then what the officer received for ease of reading and understanding. I would agree Vice President turman particularly since i say at the beginning the occ findings and recommended discipline and the chiefs proposed discipline are as follows, so yes its backwards. I will reverse it. Thank you. Thank you director. You are welcome president loftus and theres one more report i believe in addition to the comprehensive statistical report and that would be the occs responses to the grand jury report on o is investigations and i believe include under my agenda item. Yes. All right. You have my report in the packet and that is a letter actually its a letter to the honorable jon stewart presiding judge, and on july 6 of this year the San Francisco civil grand jury issued a report regarding the report of officerinvolved shootings in San Francisco. Because some of their findings and recommendations related to the office of citizen complaints, the occ was required by law to file a written response. We issued the response on september 2, 2016. In short the grand jury recommended that the occ should have access to Transcription Services for memorializing the interview with the help of this commission, president loftus, Vice President turman, the board of supervisors and mayor lee. We now have funding for transcription and we are having interviews transcribed. Its significant time savings for members of our staff. They recommended that the occ add to the website more material describing how our o is investigation process works. Again we trairchged the commission thanked commission, mayor lee the board of supervisors, the budget augmentation to provide for us to hire an assistant Information Systems Business Analyst and we will be conducting interviews next week, and then finally the grand jury noted that increased transparency with respect to these investigations would improve Public Confidence in the investigations. We agree, but again we have to note that we provide what we believe to be the maximum transparency allowed by law based on guidance we have received from the San Francisco City Attorneys office. We have our openness reports, the quarterly reports, the annual reports, the monthly statistical reports. Theyre all except for the monthly statistical reports which soon will be all of the rest are Available Online and they describe as much as permitted on our investigations. And that concludes my report. Thank you director hicks. Are there any questions for director hicks on this report . Okay. Great. Thank you director hicks. Youre welcome president loftus, members of the commission. Sergeant please call the next item. Chiefs report. This item is to a law the chief of police to report on recent Police Department activities and make announcements and updates on professional Standards Bureau and regards to the collaborative review status. Update regarding on the Bar Association and basf criminal Task Force Report and recommendations. I will start off with the stats for the period. Our homicides are down and shootings up 13 and were at 108 and last year 96. Our gun violence which is shootings and violence and up and citywide its down 15 . Robberies are down 17 . We received 664 firearms to date and burglaries down 7 and auto burglaries down 18 . Did you say auto is down 18 . Yes. Thats fantastic. Dates on major crimes. We had a success. Hostage Negotiation Team surrender in the Southern District of the city on the bay bridge. It started off as aggravated assault with a knife at 1045 on the 200 block of main street. A black male got into a verbal fight with possibly the girlfriend. Unknown what the relationship is at this time. The victim said the fight escalated. At which point the subject bit and hit the victim. The subject fled prior to the units arriving. The victim was located on the muni bus and interviewed and transported to st. Francis for treatment. The chp recalled to a subject walking on the bay bridge ferlt the subject was a resister with the Highway Patrol. The cal Highway Patrol tazed the subject and end up in officerinvolved shooting as he pulled out a kitchen knife and held to his own throat but not go to the officers and shoot him and went over the north lanes on to the lower deck and walk way and threatened to jump. Hostage Negotiation Team responded as well as specialists with less lethal. The Fire Department responded. The sfpd took lead and negotiating and placing the subject in custody if he came off the walk way and negotiation completed at 530 in the a. M. And the team is handling the booking on that. There was another incident and a officer was injured in the mission district. Nick rose of Mission Statement was bit by a resisting subject. In that case we booked robert cam land transseent and made assertions and the officer responded to a person in mental crisis and destructing property and on a garbage can and pulling the spikes out so birds dont sit there and the officer grabbed him by the arm and waist and pulled him off and the subject hit the officer in the face and stuck the fingers in his eye and the vision was blurred and took the subject to the ground. They ended up facetoface on the ground and the subject bit the officer on the cheek. The subject was the officer was able to control the suspects face and body on the ground as units arrived and placed him under arrest. The officer referenced that he believed that the subject was attempting to get his gun and had situation awareness to keep the gun away while fighting and an incident on [inaudible] middle school is and officer from the internet against childrens incident and notified about an incident this year and 13 year old was conducted on facebook by a father of one of the friends and sent the victim dozens of sexually explicit videos and attempted to contact her and the unit contacted the victims parents and the suspect was taken into custody by Sergeant Harvey and other members of our team and the subject booked in that case was alex roan. He was arrested for several charges related to sending pornographic material to a minor. There was an attempted homicide shooting in the alice grightsive projects and double rocks and at 9 00 p. M. In the Alice Griffith choicing community. The incident occurred jose jeter was identified and officers took him into custody and bookod multiple charges but the serious is the attempted murder with a deadly weapon. There was a car jacking and pursuit and call with the officers and occurod the 14th. And that was at 3 24 a. M. At 24th and [inaudible] where it began. The victim was an uber driver and the victim told dispatch he saw a handgun. The suspects told the victim to get out of the way and jumped into his car and drove off. Richmond units broadcast the vehicle and suspect info and the victim believed there was a gun. 15 minutes later units saw the car and pursued it through the soma area at the 101 on ramp near 13th and van ness. Sergeant omalley tried to slow the vehicle down and attempted to use the car out. The suspect car drove straight at the second unit offed by two northern officers strike tg. One officer jumped back into the car to avoid being crushed and the pursuit continued and the suspect crashed into a light pole and one ran and one was detained. No public or officers were injured and a car was damage the and sergeant omalleys car and the suspect that the assaulted occurred when ramming the car with the two officers in it. Besides that no other damage occurred. Initially [inaudible] errors along the pursuit route but there were no accidents. The officer it is went over the route and didnt find the gun. The injuries dont seem lifethreatening the officers recognized one as involved in a Violent Crime in the western edition. At the hospital the doctors were discussing he had bullets in the body through a visual injury and visual through the scan and the last item at a High School Threats incident that occurred this morning and 16 year old who was beat up by four female students yesterday. Last night the victim posted serious threats there would be a walenberg massacre and threats to the female students that assaulted them. His mother was in contact with the school and we unable to locate him. Park station School Resource officer is looking for the suspect at the residence and the School Liaison is working with the School District to get information out and locate this young man. And that concludes that portion of the report and the next portion would be the San Francisco Bar Associations presentation on the Data Collection. Thank you chief chaplin. Just really wonderful news about the reduction in homicides year to date, the Violent Crime down and auto burglaries down 18 . I mean thats extraordinary and i am thrilled to see that. We dont need to look far across this country certainly with sudden change in leadership, a lot of things that happened in San Francisco these are positive results and so can i add one last thing . Today i swore in a new 960 and dan dunnett came back and assigned to the cold case in the Homicide Division to investigate those cases and the ones that come up time and time again and i swore him in today at Public Safety building and hes hit the ground running and testifying in another homicide case currently, so he is now joining inspector salane in that unit for the helped division. Great. Thank you for the update. Commissioner dejesus. I had a question and reading the paper and i cant remember yesterday or today and talking about cameras. Do we have district stations out with cameras and trained or out or is that right . Yes. Okay. How much district stations did we have number one and number two Oakland Police had lost video on their cameras when they did an upgrade to the system. That was part of the whole column i read and are we paying attention to that so we dont lose videos . The two stations started and ingleside and bay side are done and rolling it out. I gave the schedule a week or two ago gave the roll out schedule. Were projected to have all the district stations done by november of this year and in regard to oakland they were one of the groups to get the camera system so they got equipment free of charge and they maintain it is storage internally. We use a cloud base system so they use internal system where all the stuff is stored on premises so i dont think its comparing apples and oranges and the two systems together and we have built in safeguard and i did hear that i believe the tech people accidentally deleted the footage. Commissioner dr. Marshall. [inaudible] [off mic] i hesitate to do this only because imieg to knock on wood but the statistics are heartening. I guess the reason i am saying that when you hear the year to date statistics its different when its eight months into the year so if we can somehow keep that up i would certainly like to hear at some point why you think some analysis of why you think that those numbers are like that. Now maybe a couple more months if we keep like that but across the board thing is a little remarkable and as we end august and september we have those numbers and again every time give the incident reports or situation reports and they do not end in any kind of violence thats i also have to say thank you for that too. As commissioner dejesus pointed out in the media heard about the surge nationwide with Violent Crime and homicide with chicago and hit 500. Youre seeing it across the board and violent and homicides are on the rise and San Francisco is bucking that trend. Youre right. You know if we can continue with that it would be great. Again i will follow the knocking on wood commissioner marshall. Thank you. Okay. So ms. Tran from the Bar Association. Commissioner hwang and i will remember you and maybe a year ago and julie tran is doing great work and we need a report before the commission and when you were deputy chief you served on this and maybe give us an introduction to the work. We heard about it and wanted to bring you before the commission to hear you know the results, but you served with them before you were chief, so i did and that was a good old days. [laughter] life was simpler then. No, i served on the subcommittee, the San Francisco Bar Association farmed a Committee Last year to look into issues with the criminal Justice System as a whole and the subcommittee is broke down and i was part of Data Collection subcommittee with the two people standing at podium now and great human beings and fantastic people to work with, manny forge and julie tran and we started looking at the Data Collection in other agencies and how efficiently and effectively they did it and i dont want to steal [inaudible] [off mic] no, i dont want to do that so i will defer from her and started as a large body and we were part that and part of the subcommittee and our specialty was Data Analysis and collection thats departments were doing to look for and deal with issues of Racial Disparities so with they will let julie do her presentation with manny. Good evening and welcome. [inaudible] [off mic] your mic is off. I dont know. I am hoping we can come back you know within a month or two to see where were at after the department has had an opportunity and the department of justice had an opportunity to digest this so to back up the Bar Association started this criminal task force and born out of a black lives matter demonstration matter of attorneys and Yolanda Jackson our executive director and spoke at therks vent and had an interesting perception and said it is time for lawyers to roll up the sleeves and to get to work with their Police Departments and i think thats distinguished us from other groups that we did our work with the Police Department. We did not see ourselves as a group were 8,000 lawyers and membership. We didnt think it was our business to make the Police Department our business but we did feel it was an Important Role to lend our skills to the Police Department in a collaborative way to see what solutions we could find together, and to bring some of the resources that a Bar Association like ours has and i think its been and i know you would say this too. Its been a very interesting journey and its been we actually all get along really well and Work Together very well, and we started out our subcommittee which is a Data Collection and Analysis Committee did not start out by looking at sfpd. What can sfpd do . What can it do or should it do . Thats not our goal. Our goal was to look at research and look at other departments and literally were on the road starting a year ago with the san jose Police Department and then making a number of trips to the oakland Police Department where we found their work to be incredibly helpful, so why Data Collection is needed . First of all its the law. When we started this work ab 953 was not on the table nor was the citys ordinance. Our goal was to not just help with the Data Collection but to understand its usefulness, and what we learned is that it can actually be used to improve policing, particularly enforcement strategies and Community Policing. It can identify problems identify inappropriate uses of force particularly if we can couple it with racial profiling or racial data, evaluate bias in policing being, provide open dat to increase transparency and Community Trust and participation and foster innovation so some of the benefits and this chart we got yesterday from the oakland Police Department and they have been at this far longer than we have because they were forced to be at it and working with the department of justice and a Court Monitor to implement a number of changes but the use of force complaintses and how its gone down over the years. I think it starts here in 2007 and down to 2016. We dont yet have this final report but in terms of stops that since they implemented the changes they have over in oakland the stops seem to have dropped by 50 and so i think as we start to engage and what you need to know is that other departments are not collecting data i dont want you to think that San Francisco was unusual. Most departments have not and the Attorney Generals Office has enacted a statute as the city and county of San Francisco. I dont want you to think were behind because were not. Other departments are not doing that work either. But our we recommend that we need to adopt a platform to collect this data and that and the next slide you will see there is an interim platform but before doing that we strongly recommend there be a team. I think what we learned most from oakland there is a strong team in place where everybody owns a piece of this. They meeting regularly. They discuss it. They meet with an outside expert on an ongoing basis. You need to partner. If we took one thing away loud and clear from the departments we visited you need to partner with an outside academic, a data analyst who is expert in this role. You cannot do it in house. First of all no one will trust it and you need somebody who can interpret this data in a very expertise way. Data collection must be purposeful and meanful and useful. There is a current plan with sfpd. The it department has developed a phone app to collect data as required by the law. They cant wait for one of the reasons we needed our report before you because its very timely and starting january 1 with the city they have to start reporting so they created a phone app. That development occurred without the input of an expert analyst. I would encourage the department to seek an outside academic as soon as possible so they can partner with them as they build further data platform. Whether this app is going to work . I dont know. Its going to be piloted october 1 which is just around the corner. I think at ingleside and thats how its going to get started. As i mentioned before we think its critical to include outside expertise. As i said thats the number one recommendation of all of the departments. It provides transparency and credibility and consistent with 21st Century Policing and in the absence of outside experts you only have the data, the raw data. It can be misinterpreted either by the department as it reports it or by others outside the department. So why analysis matters so much . And theres a quote which i wont read and from jennifer everharts report with oakland and there are two approaches generally to Data Analysis and collection and the first really makes the case for Racial Disparities and makes Police Departments offense defensive and the point is to incite so much resistance that meaningful reform is difficult if not possible. The second approach is oh we account for the crime rate and find there are no Racial Disparities but we know from the work with the communities that is not true. So her approach is a problem solving approach and i think its the same approach that the Bar Association took and here are some of the findings. So she did find that there are Racial Disparities in the op stops, searches, hand handcuffing and arrests even after accounting for crime rates and demographics and other factors that influence policing activity but the department by working with her on an ongoing basis acknowledged the disparities and eager to address them. To this end we have conducted our analysis in a manner that allows the doesnt to make changes in practices and policies and procedures and its the beauty of Data Collection by someone that knows what theyre doing. They have isolated conditions under which Racial Disparities are the greatest and the least and understanding how theyre likely to emerge gives it is agency, meaning the Police Department and direction how to lessen them. This approach yielded new tactics that op d and other Law Enforcement agencies can under take to reduce Racial Disparities. In other words their approach acknowledges existing disparities in policing and gives the department the tools to mitigate and perhaps even eliminate these disparities so the impact of good Data Collection and analysis should inform policy and policing by policing we mean strategies, so that if you understand youre searching regularly and its not producing anything the strategy is going to be youre going to stop doing that because its not productive, so i want to say on behalf of the Law Enforcement officers that we have met and worked with that we really respect their concerns. I think that any Police Department is worried and nervous that theyre all going to be called racist once we collect this data. Anybody working in the bay view working primarily in a black neighborhood feel that once the data is collected theyre racist and thats why you need an expert to contextualize the information. Its not enough to collect raw data. You need the expertise to analyze it and to content youllize it. Im not going to go through all of this because i know were short on time and i know you have read it all. Data can be also used as we learned in oakland to track productivity. They in addition to just collecting the data they would link it to who is the sergeant, whether the sergeant was regularly assigned or a sub and look at particular squad and meet with the sergeant on a regular basis and they are responsible and the meetings on a weekly monthly basis that goes on is critical to the work. Its not a matter we cant make the business and produce the data as the state requests. I think we should take advantage of the expertise out there and available to us to analyze this data so it can better inform our policy and our strategy and our Early Warning system and our Risk Management and all of those things. Can it be linked if you get the expert in at the ground floor to build the platform that you need to collect the data. Because if you wait to collect the data and expect the expert to come and analyze it and it would have been helpful if we had this and this and this. The second step is to create a team to design a single policy and standard reports. Even with this the new app rolling out we still dont have, and we included in the materials for you. Oakland has created a policy like a general order and an entire manual how to collect the data so thats the next step. This is a lot of work and were not going away. Even though they made him chief and he left the committee hes not too far from us nor are the other Police Officers representatives that have joined our group since hes left. We need to update all of our incident reports and the field cards and the citations and forms needs to be updated. This app as i understand it is a separate process and collect the racial data as required by the state but its not going to be necessarily integrated into all of these other reporting forms so we need to do that and i think that is the next step. The team needs to review the policy and the procedures regularly to assure fidelity to the best of your recollection. Sound policy provides. For the officers and transparency and accountability. I am concerned when we do it a little bit at a time what happens its confusing to the officers because they get directions that this is how were going to do it and a few months later we give new directions so i think we would be wise i think we have to collect the data starting january 1 and cant implement all of this by then but wise to create a team and work on this and approach it holistically with the assistance of outside academic to do it right and i think when we visited oakland it was then commander chaplin and you have been doing the heavy lifting for years and were grateful from the hard work you have been doing. We can also tie this data to Body Worn Camera footage. We watched a dashboard in oakland where Paul Figueroa the assistant chief could go through 6,000 hours of Body Worn Camera in a matter of seconds and identify with the assistance of a program that was developed by stanford an algorithm that could identify markers that were useful for training and useful for further investigation regarding bias in policing and we think thats a pretty remarkable state of the encoder dropped but the way that a number of reports have been written for years i think has drawn a conclusion that we need to take a much deeper look at and where there are issues and where there arent issues and free people who are doing fair and Impartial Policing and not cast with one brush. Thank you for the work. I see another commissioner has one in terms to the chief and next steps. I know this has been sent to doj and were looking for feedback but looks like there is resources to support the department and i dont know if there are next steps to share with us. Being part of the subcommittee and we identified and we started the prolses to implement and identify through the rfp process to hire an academic in that capacity. I know we are looking for that academic and finish that process and do the work that was just talked about which is coming out with the best practices way to look at and what to collect and what to look at and one of the big things with the expert in the field and the body cam footage were just rolling them out so we have time for that portion because its helpful to have all the body cams deployed and analyze that to the ooj but i think thats the next step to get an academic in place because a lot of the things you heard today and in the body of work and hirchlos an director hicks and outside academic looking at this and this is what they do. We talked about captain connley being here and we wrote in the letter to the mayor we need an academic for the reforms for what the points you made and the independence from the outside and around data we dont know what we need to know and i think we will hear that from u. S. Doj too and there is a commitment to getting the outside academic. Commissioner mel lara. I am so glad to hear were engaging an academic but more i suggest you engage an academic institution. I see stanford here and good idea that we actually if that person was attached to a Major Institution it would be really great because it would come with a lot of resources, and so you know its always good to be attached to something greater than an individual. Commissioner i think one of the best practices is find an academic with ties and that goes into the credibility and someone that has done the work before with a metropolitan department and has a little bit of experience because this is new ground to be looking at for us but hopefully not for the person doing it. I agree and what we found with oakland they had a whole team from stanford that came in and i think you would agree with me you know when i first started reporting out on some of the findings the officers werent sure believed it until they actually saw it and analyze today and it was a bit of an epiphany for them and you get used to doing things a certain way until someone shows you this is what is happening and they truly have changed how they do their police work. I know they still have problems but theyre different problems. I think they have done a tremendous amount of work in this area. I can give an example as an attorney for the occ we received complaints and africanamerican is riding the like to the store and does that every other day and the officer stops him for no good reason. The officer deny its happens or for a reason. With the technology we saw in oakland the assistant chief can get on the computer and dial up the officer number and dial up the actual contact from the body camera with the complainant and analyze that at the moment. That would assist the occ tremendously in the evaluation of complaints and departments so you get to it right away at somebodys desk. It was incredible of the precise information can you get in seconds if you have the right analysis and program and the body camera and the Data Collection. He did that. He dialed up a contact to show somebody he was looking at, whether it was an issue of officer was stopping somebody without as you. Right. Its very powerful both ways for you know for that officer not to have additional a number of complaints even if theyre not sustained. I know its an issue and we have seen a reduction in that and when there is a real issue. It informs and working with the sergeants and teams and present the data and make it useful and measure weekly or daily bulletins and how this is working so it has a far greater usefulness then what the state is looking for. I have no doubt we can comply with the state requirements given my conversation wses the it department recently but that is just little tiny piece of the usefulness of this data, and i think that we can be a state of the art Police Department, a very profl i think every Police Officer wants to do the best and professional job theyre capable on doing and we need to give them the tools to do it so were not going away. We will remain whether you like it or not we have a couple more questions and then we will wrap up. I have a couple of questions and when i was reading it and San Francisco doesnt have a uniform system for collection data and its the case but the phone app the phone app was developed to rectify that. But you mention the warehouse from 2012 and the cable system and dont talk to each other and have hand written form and is the phone app going to handle this or have an it person having the two systems collaborate . I heard today that as a result of this report the hand written report problem is being rectified and the kainl system needs to be retired. Everyone agrees it needs to be retired. Whether the crime Data Warehouse is a perfect system . No one. I think thats one of the reasons you need an outside expert to help you make those decisions. Right now the app has been design i think in order to comply with the state and the citys requirements Going Forward. All right. Can i throw something out to answer the question more . We met with the california doj today and demonstrated the app and they were dwept away. They looked at other municipality and l. A. Was the closest and far behind. They asked what we have right now for a model for the state and i agree on that. The data should be the floor, not the ceiling and were looking at more robust Data Collection and analysis than what the state is requiring so we will give the state what theyre asking for but Going Forward we have a lot of things were going to you know hold and get going and working on the subcommittee gave us advance peek to what other agencies were going doing. We were went to san jose and oakland and oakland had the best. So we stuck with that model and internally we were making changes and theyre bearing fruit today as evidenced with the meeting with cal doj. I have another question and i understand youre doing a full report next month and the phone is developed by the it and two issues and i will throw it out. Do we have it in the budget for a full time manager to integrate the data bases and stay on top as well as hiring a consultant. And the second thing all of the information to gather is in Department Bulletins and scattered all around and there is a mention we need a consolidated policy and sets fort in the presentation and sets fortexactly what we expect from the data and how its supposed to be collected as well as the forms and maybe a task force to start working on that i would call it a team that will address this that will map out the data that you want to collect beyond what state is requiring and how its useful and what are the policies and writing manuals that will accompany that and that will take work. It will take what we call the its persons words and process process owners and you need people that will own the process and the aspects of it and it worked effectively in oakland and had different people assigned to different charts and one in Risk Management and one how youre rolling it out to the sergeants and stations. Perhaps next month they can address the budget for the personnel and talk about the next step of putting this however you i think the questions would be directed to chief chaplin and next steps. Right. Theres definitely a lot to do. And one of the things is because were short on time were going to come back. We would love an update in a month and under principled policing bureau, is that right . Yes. And where it would be owned and there is tremendous interest as you can see on the commission to get these systems in place and support that work, so thank you for being here. Thank you. I really thank you for doing a great job and paying attention to this and working with us. Dr. Joe. This is more of a statement. Us taking this seriously i just let me just say other than officer involved shootings and use of force and communities of color and the next big thing is what what happens at stops. There is no doubt about it and lets take this seriously and i do know and [inaudible] about this and another person you might not think i am talking to and john burr and what they did in oakland and you know i think its very good for us to let communities of color i will say particularly the black its something were really looking at, something we want to do something about. For me its beyond the analysis. I mean i am just thinking of myself as a young person for a lot of people in the Community Policing is shaped by the first time with a officer and usually a stop. We dont get the guys that come into school and read to us and its at a stop and you probably wouldnt be surprised use of force is linked to that stop in our heads. When a young person says i dont want to be a Police Officer and its how that stop is handled and analysis of getting you know fair policing and you know not any desperate handling with minority communities but i see as an attempt to analyze how those stops are handling in the beginning of what i call Public Relations policing and i dont call it Community Policing but theres a lot to do here and important that were looking the and high on the list after use of force and what oakland did with it and necessary to begin too bad they had the other stuff and they were beginning to rebuild trust because of the stop data and i i know were enforcement behind this and i see a lot of good things. One thing we saw looking at patterns of language. They have looked at that and they worked with our officers to identify this is the trigger language for you. When someone speaks to you this way or says these words you react i know that. And there is information formed by the datd collection so thats the beauty of it [inaudible] handle all of that if nothing but the whole relationship is established right there from the beginning. Right, right, yes, so data, data data. We will bring you back for an update on the progress here in a month. I am sure we will be hearing from the policing principle bureau and hopefully under that report and look to the progress that is made. Thank you for being here. Thank you so much. Thank you chief. Is there anything else in the report . Y. Report . No. That concludes the report. Sergeant please call the next item. Item 1c commission reports. Commission president s report. Commissioners report. Update on police chief Selection Process. This is an opportunity for our reports. I will report for commissioners report and the members of the public and the stage for chief is in closed session today and review the 61 applications. We reviewed them individually as which are commissioners. We will discuss them in closed session and decide who will get an interview and after that is scheduled so thats the update for us in terms of that process. Anything from imrt commissioners . Yes thank you and continuing with our reaching out to the officers what theyre looking for in a chief and i was invited to the San Francisco Police Academy friday and i addressed the recruits and maybe more than a hundred and i talked to the class what this commission expects from them and treating them with respect and all of the issues we have been dealing with does receptive and diverse and the proud of the staff and recruiting staff and its faying off and i talked to every officer and we asked what theyre looking for in a chief. Theyre looking for a leader and somebody willing to make changes. They submitted forms its funny and they stand at attention and ask them to sit they sit and when they get to the station it changes and thank you chief and some of the staff out there and thank you and it was a great experience to talk with them and they would like to meet with all of the commissioners one at a time and our perspective who wants to meet us one at a time . Academy, the recruits. I think we will figure out how were going out there to present. I dont know yeah, we will work that out. Okay. Commissioner malara. Yes, i met with the ingleside and terraval stations and also with commissioner dejesus met with the officers for justice. A letter has been sent to all of you that outlines the discussion with us because in the interest of time they felt they didnt want to take our time here but the letter is being sent to all of you. Okay. Commissioner dejesus. Letter was eloquent and talked about what theyre looking for and thought into that and change and leading the department especially and implementing reforms so its a well written letter. You got it in your email. I suggest you read it and its thoughtful and well done and they gave other ideas too. Continuing education of the officers. I think elderly officers and retired officers were there and when you came in and had Student Loans and worked for the department and were forgiven and continued in the education and put in the letter for the new leader to educate people once theyre in the department to incentivize them and come up with ideas and ways to continue their education so the letter is well done. I ask everyone to look at it. Thank you. Vice president tur dislt man. And my pleasure to work with the office of citizen complaints to what they thought were some of the necessary qualities and things they were looking for in a chief as well and i want to thank the members of the occ that met with me and that information has been tagged up and presented to the search firm but it was ranging from policy making, assistant to reforms in policies and into creating a stronger Deeper Partnership between the department and the occ in the work that they do in policing activities, so it was a very thoughtful meeting where i heard some things expressed for the very first time that would make both the department and the occ a better working relationship so i am glad to have had that opportunity as well. Thank you rec hicks and members of the occ. Last night i attended the firstever ingleside barbecue picnic and incredible. They pulled out all the stops and Tremendous Community support there and the horses and the weird old talking car like the knight 2000 kit thing and there for the kids and a climbing wall and a barbecue. Their point is sometimes at ingleside they feel on the National Night out everyone goes to northern and bay view and central and some of the other stations dont get that so theyre working on Community Police scpreaps i really appreciated that and it reminded me and i talked to the chief about that that i think part of the role of the commission is acknowledging a number of the Community Supporters out there working to continue to build you know community, safety in what has been a really tough time so i think the commission should look at and request the captains to submit for accommodations of individuals working in the Community Around Community Safety and justice in the last month and send to the chief and acknowledge the work in the community. Anything further colleagues . Okay. So sergeant please call the next item. Item 1 d and contribution of future items and actions for future. Sergeant i know we moved over we have a number of items on next weeks agenda and that item is next week and a host of things in hopper. Given the number of items we will we will have next weeks meeting in city hall to conduct business. Sergeant anything . Just the meeting is in city hall beginning at 530. Anything further on this matter colleagues . Okay. We will have Public Comment and given the length of the agenda tonight its two minutes and Public Comment on items 1 a through d. Welcome and good evening. Good evening. In the interest time i will be brief on the Bar Association report. Go get them. That is exciting and i am thrilled. It will take a while for the data to be perfected and i agree with professor everharts problem solving approach and next week and you have some data now and far from perfect or comprehensive but there are things to start the problem solving approach even while this is perfected and congratulations and thank you for doing it. On the issue of the occ and the Police Department agreeing on minor discipline sometimes. I will get into detail here. Its helpful to understand the background. I was involved in the Charter Amendment for them to file charges. I know the thinking behind it and the practices and apart of paying attention to the individual cases there is how the discipline system is working collectively and understanding the trends and something i talked about and maybe not with an acting chief but later and using admonishments and its not discipline under state law under the general order. It requires that you start with discipline and build up and indeed the enpaltsy schedule doesnt mention them at all and mentions reprimand and in the 15 cases that the occ report the you in the last three months no discipline on a sustained case admonishment. Especially when you read officers coming back with still repeated behavior after that. This is a topic of discussion and thinking from the global perspective because its now going on for some time and not contemplated and at some point. Thank you very much. Thank you. Next speaker. Good evening and welcome. I am shelby and on this ongoing [inaudible] i got the information for the police but right now i am trying to get a report and this is for [inaudible] which did try and buy [inaudible] wrong direction [inaudible] no one gets this [inaudible] and carry on, the Police Department [inaudible] make things better and some of the rules we have different direction on crime and considerations for the police to you know have a better idea on how some of these ways of laws [inaudible] which the city you know attorneys and this is where this is all [inaudible] for reactions for this whole investigation is all been Court Hearings and done without me and not even the right perspective what the [inaudible] art and music and our point has always you know in the different direction because of some [inaudible] my brain cells which is not [inaudible] for this you know [inaudible] we appreciate your comments. Next speaker please. Hello. My name is rita lark. Im over in north beach place. I like to say hello to tony. I write the letters and fax them to you. I the like to thank the north beach police. They have been doing a good job and one request. I would like to see them in foot in the area between the cable car and over by in and out burger. Sometimes at night its hairy because the youngsters have sticky fingers again and also i would like to know if you can start ms. Kowrgar to monopoly me with the re help me to the relocation to nevada and it happened to me and the lady in prison her family still harasses me. Thank you. Thank you. Next speaker please. Good evening. I would like to speak so two topics please. The first was Academy Training and its great to hear that you met with the class but and i think the community would like to see more bias training happening not only at the Academy Level but also within your continuing Education Program and not only just that to make sure that there are stages to understand how someone is compliant or is not in compliance and my colleague Karen Fleshmans offers that training and delivered to the Public Defenders Office and i encourage to you keep that consistency so within the auspices of government you have the same training. Now i want to touch back forgive me if i take a little long because this is my profession on cloud services. While i understand youre not an it prsm i would like to point out that transparency during the process of up dades and access and those things need to be detail the out and made transparent to the community. For example anyone with an iphone knows Software Upgrades are optional. I want to understand the process that youre getting the upgrades . It would be opted malto have an independent organization with oversight to control access and aws thent aws thentcasion and things that happen and evening if its in the cloud and the Software Keep vendor keeps up with it its hackable and we need to understand who has Police Access to it and it would be amazing to have an oversight body independent of the Police Department in order to ensure the integrity of that data so my question for you is that already in the plans . And if you could share with the community what that would look like. I think im out of time. Thank you. Next speaker good evening welcome. Good evening commissioners. I wanted to address you on a few things tonight. I am concerned about the process for selecting the chief. Nothing personal but i believe it should be someone who is an outsider. Its hard that we can promote from within even if its ideal and we need someone experienced with a tract record on Public Safety and speaking of Public Safety the fact that the police chief has to live in the city. We live in a city separated after bridges and after the loma prieta earthquake they couldnt get into the city and they have to live in the city. Its concerning when the poa give endorsements to somebody and candidates are pun running away from it and gives pause theyre supporting the interim chief and support this but delaying the use of force opposite and with transparency it bothers me we dont know about the candidates and their qualifications and we want to know who applied with the tract record and for the Body Worn Cameras i want to know will they be worn by the under cover officers as well . Those are my questions and comments. Thank you. Thank you. Just a couple of clarifications. One is we cant legally based on the california constitution on the advice of the City Attorney that they reside in San Francisco and you can go back and check. Its not a policy commission by the commission. We said its highly desirable but not able to say its a qualification. We had a public process in what were looking for and in every job process there are reasons its confidential and we realize its frustrating. A lot of places they select a chief dont have a commission but a mayor and a board and its the system and its frustrating and there are reasons why were moving in the way we are. I have feedback with the transparency. I think were going to talk about it and lets put it on the agenda next week it and go to plan b and ask them if theyre willing to have their names disclosed and it has to go through the commission and we havent put it on the agenda yet to do that. Thank you commissioners. Next speaker. I am Karen Fleshman and cofounder for san franciscans for Police Accountability and the Mario Woods Coalition and i am glad to see the civil grand jury report on the agenda and thank you and want just the crime one and thank you for agendizing it. I have a question for you ms. Hicks in the Blue Ribbon Panel it says that not a single investigation of an officer resulted in more than ten day suspension since 2012. The Public Comment is not the opportunity to provide comments but go ahead. In the report civil grand jury recommendation eight and the significant recommendation that calls for a joint task of the Sheriffs Office and da office and occ and das office and representative of the community that the sequential investigation and you coming in after the fact is not an efficient use of anyones time and causing a lot of confusion in the community and we cant regard these investigations as being not biased and i noticed you didnt comment in the letter on the grand jury report and the other question i have for you is what is going on with investigating and disciplining the sfpd officers who engaged with sex with the sex worker in east bay. Four oakland Police Officers have been terminated and eight others disciplined but i havent heard anything from this commission about our officers involved in it and i encourage transin the transparency in the chief search. Next speaker good evening and welcome back. Commissioners and ladies and gentlemen of the audience good evening. Its interesting the last speaker brought up about the four Police Officers in San Francisco that had sex with a minor. Im not here to speak about that issue today. I am here to talk about one item. We had a various Police Reports today about the number of felonies and misdemeanors in the city and county of San Francisco and particularly officers involved in shootings. A lot of the public at large feels this is not just a shooting with a misguided officer but its murder. Anytime you shoot somebody without a gun or you thought he had a gun its murder. The majority of these Police Officers are still on the payroll of the sfpd for whatever reason . I dont know. One of the officers that unloaded two 14 pot clips killed someone years ago the same way and on 6th street. I happened to be a block away at that time but briefly i brought today i read both the reports the occ one it makes me laugh my head off and cite officers for technical items but nothing about a officer choking someone in a cell and its not worth of adjudication. When you read the report i guess want you to also read the about times on the black and white murder problem in the United States done by Police Officers that came out here a couple of weeks ago. It also goes into Police Officer trauma because we know its a tough job, a very tough job. The suicide rate of Police Officers is one notch below veterans of the United States army, navy and air force. I leave you with that. Thank you. Theres ten copies. You can hand them out. Thank you. Thank you sergeantshaw. Next speak. Thank you for the opportunity to address the commission and the chief as well. I guess as a concerned citizen i travel around the globe actually working with company it is and clients and teams that i help to actually do some i say discrimination and diversity and Awareness Training and development and its not just the training part which is more behavior modification but helping them to additional the actions and processes that need to happen infrastructurely to help people do things differently and this my first time attending was last week and i go around the world doing this stuff and things are happening in my backyard that i havent paid attention to and that i would like to Pay Attention and a suggestion to the chief. I know we have the Selection Process going on and maybe a 90 day process. It may be longer. What is the purpose of waiting to do something now, to do something in the interim . I mean when a took a cursory glance at the blue ribbon report and the civil grand jury report there were common prevalent common denominators that can be done. You dont have to wait for a new chief or you take the official chief role. Why not start now . I believe there were changes cited in the report and the cops report will agree with that and i would like that to start now and in terms of exploring what could be done with the current chief and your Leadership Team to just start looking at some of the things now before january. Thank you. Thank you. And next week there will be a full report from the policing principle bureau and some you heard tonight and we will get a full r. Good evening ms. Brown. Are you next . Good evening ms. Brown. It is one thing to anticipate a death because of old age and sickness can i stop. It is another to experience the violent death of a loved one. Since 2004 San Francisco has experienced an unprecedented number of homicides. 60 of the homicide victims are people of color. Their loved ones living in neighborhoods of scarcity and neglect must deal with their personal tragedies while at the same time facing the crime and violence of the unsafe neighborhoods that surround them every day. If anyone has any information into the murder of awebrae awecosta there is an anonymous hot line or anyone in the video. Good evening commissioner, cheap cheap. Chief chaplin. This is a comment on the next chief. Because Mental Health working group and Intervention Board and member i had a chance to meet with every chief since chief [inaudible] because of the training program. Of all the chiefs i met the most approachable chief has been Toney Chaplin and he was the only one to visit our working group, the only one of all the chiefs in terms get meetings with him and reach out he has been accessible and because of that he has my support. I believe he has the support of many members of our Mental Health working group in the cit program so i think those are pluses to be considered. I know you have to be a Selection Process but from my personal experience working with our chief i have been really impress said and i want to thank him for the support of the problem and accessibility. Thank you. Next speaker. Good evening sir and welcome. Tom gilberty, the acting chief is very close to the new information. Not going to fight it. Wants to work with it. Its a boone for him and for us especially if what theyre saying about data is helpful as its going to be and the chiefs report i wondered would it be impossible to count the number of bullets fired by the police force during the course of a week or in between . I would imagine there are weeks that no bullets are fired you know. It would be interesting. I think it would be good. Again the report and when the police theres a victim shot by police i think the coroners report should be part of this commission meeting. I want to thank oakland. It seems like they have crossed the sea. Moses has arrived and many men. I hope the outside expert works with locally grown up kids from our San Francisco neighborhood. You have an expert. He should be able to teach what he knows. Kids that growing up in this city know the streets better than anybody. Lets go into our local recruitment as much as possible. Cameras im going to reopen that again. I believe the public need to see the videos. When you hold back video starting with way back when kennedy was shot the only video we have all the other film in that place was confiscated by the fbi and we have seen nothing. Whoever controls the media, the visual and right now in south dakota and the pipeline and if they shut down the cameras control the video. Thank you. Any further Public Comment . Hearing none Public Comment is closed. Sergeant please call the next item. Item 2 and discussion and possible action regards civil grand jury of the fatal sfdd officer involved shootings june 2016. I will refer this item to commissioner mazzucco. Thank you commissioner loftus. We were asked to meet with go over the grand jury report that you have a copy of and we went through the grand jury report. We look the at the recommendations made by the grand jury to the Police Commission about what given the testimony they heard, some recommendations they had about how we should handle off involved shootings in terms of publicity and timeliness. There is a common theme that is transparency and timeliness so we went through the recommendations and we as a Commission Speak as a whole not one so we havent had the opportunity to go before the board of supervisors and explain hour position and we need to meet tonight and look at the recommendations and we have ideas similar to what the Police Department responded to. A lot of the responses are dealing with we will wait to hear from the doj and some things are in place and other it is are not possible based upon laws and we will go through this and look at it and i have draft responses that we put together and we could go through them quickly and what you want to do as a commission but the concern with the grand jury is more about timeliness. There is concerns about town Hall Meetings, press conferences and it goes towards transparency but there is a strong concern there is not enough information getting out there and more importantly its taking way too long. We will explain as you can look at this very little has to do with the commission. In fact the timeliness issue goes back towards the agencies involved and candidly the District Attorneys Office so we could only do so much but before we hear a case the das has to send in the final letter and something we dealt with so its anne issue with the commission since i have been on it it takes a long time for the investigations to close. We have seen circumstances and in San Mateo County and something about their office and all options and the grand jury want things to move faster but we have to do things right and lets look at the recommendations and in your packet there is are findings and the first finding is that because the sfpd consistently doesnt meet the time frame in its own general order and the investigations of the incidents are completed and the general order creates false expectations for the citizens of San Francisco so we i have draft response here but the key is in the second paragraph. Most is outside our control and another important factor is that when these guidelines were put in place by them there are issues involving theres now technology now. It takes time for dna testing and the new technology in place so again this is all outside our control and we are entire dependent what we get back from the Police Departments. The occ does the independent investigation and hinges how long it takes the District Attorneys Office to complete their investigation so commissioners take a look at this draft paragraph and if theres any input to what you would like to see added to it please feel free. So i think this first you know just to put a finer point i think we want to thank the civil grand jury for the amount of work they put into this and you made this point commissioner there were recommendations of the das office the Police Department and the occ and a couple relating to the commission and mostly around public disclosure. This issue seems consistent with more about the Police Department not meeting time frames and i believe our response is appropriate here. I mean weve gone over this for years and years and unfortunately to close the cases we require the District Attorney to make a charging decision that is running at two, three years average so and i think we outline here and its helpful that one of the determinations when its ultimately in policy whether its lawful and that is the decision the District Attorney so i dont have corrections to this section. I dont know colleagues if there are any suggestions here. May i . Yeah. I think it sounds right but it strikes me need to amend the general orders and the [inaudible] low audio . Perhaps we need to correct it to say that the Police Investigation should be completed within a certain amount of time and forwarded to the das Office Without a final conclusion. I actually think youre right that part of the it might be looking back and i dont know if theres commissioner mazzucco if you discussed this and with those orders did you think there was room for clarification that manages expectations or closely to what we know and the visit investigations on the police side are wrapped up but linger with the District Attorneys Office. The Police Department is meeting the goal. We havent had an issue with the San Francisco Police Department where they submitted their reports in a timely fashion so again the false expectation and the public cease this and the Police Department has to have it done by this time but after that its out of our control and that what it boim boils down to. I think when its done and submit toed office and its a version much done but its not done until the da does the charging and its confusing for me as a commissioner and for the public too but its good to see i dont know if other commissioners want to weigh in on that and the finding is that the Police Department thats my experience they comply with the timelines but there is an issue with the perception with the office. You will see later on one of the recommendations on the website is where the Police Department is at with the investigations so we request show so we can show one transparency and they should have a study to streamline the investigation process with the goal of reducing the overall time to conduct the full investigation and the recommendation reviewed by the u. S. Department of justice through cops and we met with them actually this issue came up. Commissioner loftus was there and this is one of the more global where were looking at best practices and in some jurisdictions for example when there is an officer involved shooting the state agency does the investigation separate from the da and the doj and or the Sheriffs Office and were waiting to hear the best practices from the doj and again Everyone Wants to streamline the process but keep in mind the only thing we can do as the commission is control how the Police Department does their part. Commissioners do you agree with that . Yeah. I actually was wondering yeah, it makes sense this is an issue where if there is a revision to a d go that would come from u. S. Doj because we have discussed how to address issues around o iss. And the next recommendation is what commissioner hwang was talking about and changing d goes to reflect a different timeline and were meeting our timelines. I dont know if we need to give our department anymore time before they support the report to the District Attorneys Office or be careful about giving less time because theyre crucial investigations. Commissioners anything like that. Dr. Marshall. I remember when we got these timelines down. We have improved so much. At times this is history here but getting these timelines and again i if you can unravel the issue what happens when its out of our hands please do so. Thats the real issue here. How many times have i said it doesnt have a commission and someone speed them up. They bring it all here. No, i dont know if you can make it tighter [inaudible] its that simple. Again this is more of a global report from the grand jury and about the occ and the das office and the Police Department and i think the grand jury they get these things in a vacuum and they did great work but i think its very difficult thing for them to separate out who is involved and get our roles and the Police Department. There was a recommendation for example the next one that we support the occs funding request for proposed budget for transcription. All said and done. Nothing to say here. We have done that so thank you. The next recommendation the Police Commission should make official policy to hold press conferences as soon as possible after each o is incident. We speak with some of the members of the command staff were present in the meeting when and when not to have a press conference. That is out of the elm of the commission. Its the Police Departments prerogative to do that and we will talk about town Hall Meetings later and lets be transparent. Obviously the public expects to hear from the chief or a designee and the incident that took place and the worst Case Scenario is not say anything at all but be careful what we say given the parameters and there is a recommendation with the Current Practice and you know it will be implemented when its warrant reasonable and no two situations are alike and commissioners take a look at that and its up to the prerogative of the police chief to do what they want. My issue whether its a best practice to do. My thought is why wouldnt say i imagine doj would have a position on this. I think thoi thought San Francisco previously was doing a good thing and sharing the information. I know its controversial and causes other issues and theyre prejudging the investigation and maybe they think its a best practice and commissioner the recommendation has not been needs further analysis and then we talk about it reviewed by u. S. Doj. encoder dropped and we should put in there about the doj and its a great idea. My suggestion is recommendation requires further analysis and use the language yeah, include this recommendation is reviewed by u. S. Doj and we can include that information because i think its helpful information to include in there but maybe under the rubric of requiring further analysis because we certainly dont want to be in a situation and were not doing something and doj says its a recommendation and we do that. When i met with the doj they said it was the best practice we were doing and the chief had a standing policy to meet and talk after a shooting and i think the community complained that some of the information provided seemed to reach a conclusion. They didnt want a conclusion but just the facts so anyway i think we should change it and its under investigation. I think we should provide information. The department should provide information. [inaudible] [off mic] actually i am less concerned about a press conference being held but what people want out of the press conference and the frustration may be that even if the press conference is held i am not getting what i want to hear so is that considered at all . Or just the fact if a press conference is held and this is what i know and what i say is that the issue or is the issue the information i get out of the press conference . Did that come up . Yeah this initial issue is just having a press conference. For example i was looking at this last week and watching the news the other day and officer involved shooting in the south bay and we know there is a shooting and helicopter and no one has told us anything and its been six hours and thats the flip side and lead to speculation and then the issue of what the chief can say. Its not necessarily the content. So maybe so that was a suggestion for a change on that recommendation. I do want to keep going to recommendation 12b. [inaudible] im sorry. Thats okay. Sorry. I apologize. Sfpd and the Police Commission should make policy for them to post updates on the website as soon as possible after each o is incident and we agree with that so the question is what do we put as the update . And thats a policy we will implement in the future. I want to know if there is disagreement to that and the content . Seeing none. I would include that doj because we is not the civil grand jury report to doj so they might weigh in and say were reviewing best practices of the other agencies. The fact that we have collaborative reform going takes care of that and they can let us know what the best practice is. The next prsmses 12. A. Sfpd and the commission should hold town meetings a week after the incident and this recommendation requires further analysis and i think thats my take on. Under chief suhr for the last five years there was immediately a town hall meeting in the district or location near by where the shooting occurred and its been met with mixed results. The chief would make a statement and presentation from someone from the command staff. We as commissioners would show the community were listening but we heard things and were there with the staff at the press conference. It look it is like were looks like were siding with the presentation with the chief or the Police Department and ultimately were the body that decides whether or not there should be charges administratively against the officers if in fact it doesnt pan out so this is a work in process and as which ares we like to be there for the town Hall Meetings and its good for some communities and incident it is felt comfortable about it and more information and what can be shared. And there are restrictions and candidly i think its within the chiefs prerogative whether they want a meeting. Theyre responsible to the community and there are recommendations here about other methods of doing it by sending out the district captain, dealing with people they know in the community, people in the community and sending the message out that way so this is a work in process and its going to need some analysis. Thank you commissioner. Can we add doj to this one too and requires further analysis as a reference point. I should add them to everything and theyre the subject matter experts. Especially its somewhere we dont know yet and requires further nal. I think that would be helpful and helpful for the grand grapd to track where it goes and if there is agreement there and action and track it. I would be interested to know how the doj feels about this because i want to know if they think that the town halls have made things better or worse because i have been the ones i have been to i definitely think if you ask me i think the chief should look at the pums of what is going on before he decides to do. The ones i have seen and i have been at all of them and i dont know if they actually made things better so thats my initial thought and comment and i would want to see that recommendation about that. Yeah. Trying to calm things down. You know i dont know if it necessarily does that. I agree and having attended many of them there are members of the community that want to talk and share and groups from the outside that dont have the same interest and the press loves coming there and even if the chief says five or six things about the event the press covers people outside operating on misinformation and its dicey and we need to hear from the doj about that. I admire the chief going out into those yeah. Commissioner dejesus. You guys go back and forts i want to Say Something and i think you misspoke and whether we will bring charges. I dont think you meant to say that. We do discipline and not bring. Charges and i would like to know the best practices of Community Meetings and inquiry into that or maybe the doj will tlts ll it us. Yeah, its an open issue. This moves into the next recommendation which is 12. B. The police chief, the supervisor for the district in which the incident occurred and da and occ and the Police Commission and members of the task force and see the recommendation [inaudible] a and b should attend the town Hall Meetings and acknowledge the seriousness of the situation so again this is something we just talked about and its recommendation is requires further analysis but i think thats similar to what we said and its clear that the Commission Takes every officer involved shooting seriously and all of the agencies and the occ and the town hall concept needs to be reviewed and curious what the doj has to say. [inaudible] so we will add doj to this one as well and further analysis in the body of the paragraph. The next recommendation 13. A is the sfpd and the Police Commission made policy to release names of all officers involved within each incident within ten days and thats the policy and implemented and thats been done and gets into the next recommendation you know essentially the only time the names are not released is this is recommendation 13. C. Its been implemented if there is a credible threat to the officers. If there is information that the Police Department has that says that the officers may be at risk theres a threat from the community or elsewhere and if its credible then the Police Department has has the discretion not to release the names and that is a recommendation already implemented. So the grand jury made the recommendation and its been implemented. Recommendation r. 15 the Police Commission or o is investigation Oversight Task force and in addition to summarizes the findings and conclusions and investigations recommending this all under r 8. A and b and examine the fatal incidents with a view of Lessons Learned and answering the following questions. What circumstances contributed to this . And the interactions of the officer and the suspect handled differently so the loss of life didnt occur. What lessons should be tried and lessons and learns and policies revised or reviewed because ofs t incident and the recommendation hasnt been implemented but in the future and reviewed by the department of Justice Collaborative review team and compared to best practices and thats the recommendation at this point and time but candidly thats what we have been doing and the Police Department does that in terms of each officer involved shooting. They look at it and like they monday morning quarter backed around it. Commissioner dejesus. It says publish their finds and i dont know what they mean and share the highlights in the town hall. We dont do that now that i know of and something that the doj is looking at and instead maybe implemented for further analysis because we dont do this. Yeah, i also think that doj said in the initial with feedback of useful force and pulled things from the president s task force and one was a serious incident review board. I think theyre looking at firearms discharge review board and our system with the commissioners being the ultimate Decision Making about discipline, the trade off not to be a vote be member there and role for community and i agree that we should say that the recommendation maybe implemented in the future and i think the answer is sufficient around doj. And they said we should have completely independent investigation and not have the department investigate itself so i am waiting how they will follow up on that so i think this is up in the air. Commissioner hwang. I thought it was partially done. There was a process and the sergeant makes recommendations out of the firearm discharge review board and had this and take a change in policy [inaudible] talking over one another . After the fatal o is on Market Street where the suspect was able to take out the officers gun by using a downward swipe and immediately implemented the placement of the guard over the top of the weapon to stop and defeat that maneuver so there is and during the firearms discharge review board there are recommendations so its partially done but again this looks to be a request for formalized process that wraps up everything in the Police Department and the commission and everyone has done in one report to report out. It might be good to include commissioner a couple of lines we have been looking at policy, the process to make sure that policy changes dont linger following an officer involved shooting but i definitely agree that the mechanism missing i think chief you said that and mow how we xeekt with the public and were doing it but how we we communicating to trust the public. Thank you so much for taking the lead on this and doing all this work. As everyone knows following it is agendas there is a tremendous work before us so thank you for taking lead. We will take Public Comments that maybe some of the changes can be made and is it possible to bring it back next week with a clean copy for action for the commission to vote on it and see the changes . [inaudible] [off mic] yes, as long as we have a meeting tomorrow with the subcommittee of the board of supervisors. They asked that we bring a draft so i can make those changes tomorrow but let them know its a draft final approval for the commission. And bring it back on the 21st. Thank you. Lets go ahead and take Public Comment on this item. Public comment on item 2. Good evening. Welcome back. [inaudible] [off mic] page three. I dont have a problem saying it requires further analysis but disturbed to hear the discussion about transparency. Its difficult but its incredibly important and i know the town Hall Meetings are uncomfortable and anger. They serve a pressure valve purpose and give a place to show their anger. 50 years ago a africanamerican man was killed in Hunters Point leaving a scene of a stolen car and shot in the back and riots in hunlt hunt and National Guard was called out and tanks were going down the street. We need to keep going on transparency and to remind you the president s Task Force Says you need transparency and accountability to build public trust and legitimacy and this department responded and we told the town Hall Meetings and enhance and trust and engagement, even angry engagement and dialogue and conclusion. Now four months since Jessica Williams was killed and there wasnt a town hall meeting then and it got disruptive. I would argue its related to trust and the accuracy of information and the spin. Some is people are going to be angry after the incidents and they have a right. You want them to express it non violently even if its yelling and go back to the practice and start releasing information now. Just four months after she was killed we wont know how much bullets were fired or where the officer was fired . The report was ree leased and why dont we have that information and transparency is important when its most difficult and thats what youre talking about here. Thank you. Next speaker. Again this is Public Comment on item 2. [inaudible] [off mic] [inaudible] johnson and appeal the Court Hearing that sfpd should be inclined to be sharing information that [inaudible] policies changing because thats the main important thing of dna is one of the reasons for a professional [inaudible]. We should make sure the that the policy my policies are even [inaudible] together on this so we dont want [inaudible]. Is tht reason why . It is causes a lot of chaos [inaudible] Police Department not even in the might mind [inaudible] police. They have not be in there and no way because of the numbers are the same and oakland and i asked them to change the Court Hearing and i havent heard no reply and i tried to talk to i had another lawyer i talked to this about this and see if they would work and live again because this is what its all about and this is really [inaudible] try and do sfpd mistrust. Thank you ms. Johnson want next speaker. Welcome back mr. Gilbert. Yes. Grand jury needs to be quick in this day and age especially with the Police Investigating unit, professional investigating unit. They should be able to handle facts and figures. The coroners report, the ballistics test should be released immediately to the city and again brought here. And then the question of the videos i believe were tossing that up in the air for more. They need to be part of the release almost as soon as possible. Were talking confidence. The criminal Justice System on the whole needs to be refurbished. Thank you. Thank you want next speaker. Welcome back. Hi. Thank you. I remember this from when we were trying to get chief suhr terminated that one of the main reasons we were seeking his removal was the way he handled officer involved shootings and i remember quoting from the u. S. Doj from president bams 21st Century Task Force and when serious incidents occur including those involving alleged Police Misconduct agencies should communicate with citizens and the media swiftly openly and neutrally respecting areas where the law requires confidentiality and i know in new york city when a shooting occurs when the mayor and the chief of Police Conduct a press conference together and thats the stature that such an act is held at and the mayoral level and neutrally describe the facts as they know them to be at that point and dont try to exxon rate the officers involved and i think its a really important practice in officer involved shootings. I think still recommendation eight in the grand jury report about forming the joint task force in officer involved shootings i dont think you spoke to that one. Thats not a recommendation for the commission. Okay. But i thought the District Attorney received enough budget to have now an independent area of the District Attorney that will handle these officer involved shootings. That was my understanding. We dont really respond to that but yes they received that today. Okay. I also want to give the fliers. We doing an event on september 24 on the Blue Ribbon Panel and life for the commissioners to come to that event. Thank you. Next speaker. Good evening again commissioners, chief. I was actually one of the people David Elliot Louis here and interviewed by the civil grand jury and i will make some brief comments and recommendations i made involved these shootings. I believe there should be a town hall and unfortunate there wasnt one after the Jessica Williams incident and any video collected from the community either cell phones or surveillance cameras be disclosed to the public and witness statements, civilian witness statements should be disclosed fully and the last town hall that chief suhr held he released witness statements but only selected statements and parts of the statements that were convenient. I think you would build a lot of trust if the full witness statements were released. Sometimes the Data Available and from the discovery process and litigation but why wait for that . The community commenced through statements or surveillance. If the department has it share it out. I knowledge you will build i think you will build trust and show that the shooting is justified, maybe not and build trust. I hope you consider releasing this Additional Information after any officer involved shootings and hopefully no more and if there are the more you say the better in terms of Community Trust. Thank you for your consideration. Thank you. Any further Public Comment on this matter . Hearing none Public Comment is closed. Sergeant please call the next item. Item 3 and discussion and action to adopt general order personal use of social media action. Colleagues this has been subject of decision of the commission for i would say at least a year, the need to give direction. I know that chief suhr issued a directive a bulletin giving clarity and we have someone here to do this and while its on for action its of such significance i think we should think about it and ask questions and put it over if folks need more time and not prepared to vote tonight so with that deputy chief. [inaudible] [off mic] commissioners, chief, director hicks. I will give a overview of the personal general order social media. Over the years several bulletins were issued for issues discussing issues on emerging social media platforms and instagram and twitter and facebook et cetera and issues officers utilize tg officer them as members of the Police Department so the Department Bulletins were issued and started development of the general order on this issue. The department consulted with several stakeholders, the office of citizen complaints, the City Attorneys office, poa and developed the draft bulletin. We consulted with the City Attorneys to make sure we werent infringing on First Amendment rights with the general order. The intent of this order is prevent members from under mining investigations, from impacting the departments credibility with the conduct they engage in on social media and also to make sure theyre not under mieping or interfering with official Police Business as they present themselves as Police Department members on the personal social media so if you look through the order you will see there are specific restrictions regarding members use of posting on social media in uniform, posting logos insignias et cetera and the focus of this general order is the conduct of the member not necessarily the speech. We just want to make sure thats clear because again throughout the development of this general order we want to make sure we werent infringing on individual members First Amendment rights so the department did develop this draft and forward to the Police Commission for you to consider and its the department of position we recommend that you do approve this order. With they open it up to any questions. Deputy chief who has credibilitied to the creation of contributed to the creation of this . It was several members within the Police Department, the City Attorneys office, poa and occ. Okay. So the occ has weighed in on this version and provided recommendations . Okay. Well great. I see samra coming up. Yes. Weve had opportunity to review and provide feedback on this department general order. And any in your estimation are there any external stakeholders or folks we would benefit from just making sure we covered everything here . This is an emerging area. I didnt consult with outside Community Based organizations. What we did internally look at situations that the agency or Police Department had with problematic behaviors and the social media general order covered those instances and i looked at other jurisdictions and their social media examples they were using and thought what the department had done was in many ways better than some of the other jurisdictions and it was a thoughtful document. Do you recall which other jurisdictions you reviewed their policies . Because that was one of my questions. Who else has a policy and what is their policy . I apologize off hand i dont have the names but i looked at larger departments as well as some in the midwest who had recently i believe i looked at albuquerque and seattle and i believe new york. Im sorry. I did look at a number of them. Okay. Deputy chief this document also i believe this went through the traditional way to get policy and at the final stages so has this gone through the meet and confer process with the Police Officers association. Yes it had. And any changes we make would trigger that process to reopen . If its significant yes but maybe not and have the discussion but not trigger meet and confer. Okay. I have some questions but commissioner dejesus. So i have been hearing about this social media and for some reason i kept tying it with the racist Text Messages and reading it different. Its not compromising any investigation and things like that and so yeah it makes sense to me so when i go back and the only back about prohibiting discrimination and retaliation and [inaudible] good to attach that 1107 for discrimination and harassment so i can see and i am concerned about the racist texts and i am not sure about that and its just referenced here. Im not sure if that 1107 would include posting on social media or private texts information that out right racist and homophobic or interpreted that way. And so i dont know if 1107 covers that so i had a vague Bigger Picture of social media. When i read it i get it now but i am wondering if it addresses the other issues that we had that are prominent and i thought it would be covered in the social media one. It addresses paused . Social media that you think is protected that they need to know specifically they can be subject to discipline but yeah everything falls under 2. 01 and i thought we were going to address that and i guess were not. Text messages are not social media. I said both. I guess for purposes of this its interesting because i dont put the Text Messages in this rubric and what is going on facebook and twitter and i fine line of balancing someones First Amendment right but with the extension that officers are held to a higher standard on and off the job and that is clarification and i understand your points. The point is were trying to make it clear what is expected and to me Text Messages are a different form of communication that would not be this policy wouldnt cover it specifically. Commissioner. Thank you very much. I have been asking for this and watching the process and i have actually spoken to some of the federal agents. This is a really 11. Its well put together. Again the issue that you touched on and the outside group they tauped to chime in is the aclu and when the officers First Amendment rights go into this and conduct unbecoming of an officer and delicate balance and our officers are held on to a higher standard and i thought they would look at it and where it merges and the disciplinary and we didnt hear from them and i have to thank samra marion and the department and we have agreement on a pretty good document [inaudible] im sorry. Members are prohibit the from posting on personal social media photographs of themselves in uniform or display. Now, i understand that not to be promotions or ceremonies and citations and the like, but what about the ordinary performance of course of duty . Would that be prohibited . [inaudible] correct. It is. Its presented. [inaudible] [off mic] okay. Yeah. City attorney wants to chime in. I just want to make sure i understood your question because i may have misheard and subsection 3 b the last line says the prohibitions doesnt apply to official ceremonies and some are listed but its not exhaustive so if its an official department i understand that so if a officer is out in the street performing the ordinary course of duty and snaps a picture and give the officer the picture they may not post it themselves. The officer may not post a picture with the departments insignia. Thats what the department is able to control and our badges and anything that identifies them part of sfpd. Maybe commissioner its the limitation of department ceremonies. That sounds like maybe theres a reason that seems like pretty specific. Correct. During the discussion that came up that some of the officers that want to celebrate a promotion or hired they would give them that limited opportunity if they so choose to post it but if theyre engaged on duty activities we dont want them represented as on the personal social media and posting that along with all the other activities they may be engaged in off duty. Yeah. I have a question. Do you have more questions . Yeah, but i need to read this closer and do research. Yeah 3a members are prohibited from any personal use of social media on duty except as official duties authorized. Use of social media is vague to me and i on break and use my personal iphone im not on facebook and twitter is social media and i am scrolling and i like the occ was doing something and i like it technically i used it on the job but its my personal phone and i liked it so i guess use of social som seemed vague to me. So somebody that did that is in violation of the policy. Thats the way i read it. I dont know if there is thought to it. If its commission its not personal use but theyre doing the business of the department. I guess for me and i am at northern station in my car. I am on a break but maybe sitting there and people in the world look at their phones all the time and i presume officers do that and on the personal phones and i presume the person is on a break using social media most people past time using social media and i just dont want to set up a standard for officers that isnt clear and how do we define use. Sergeant youre shaking your head. Do you have insight here . The attorney asked me a question whether we get breaks. Were paid for the whole day. I will let the chief answer but thats correct commissioners. So officers on duty theyre on duty throughout the shift and paid and we i have a prohibition conducting personal business on duty and theyre prohibited from conducting personal business like facebook while on duty. [inaudible] [off mic] okay. That is quite a standard to hold but i understand now if you have a personal phone officers are we clear with them at the academy and ongoing and are the captains enforcing that . We will make sure thats understood. Okay. Yes commissioner hwang. So if you have an officer on duty and somebody comes up to them and says can i take a picture with you . Is that okay if theyre in uniform. They dont get to post it. What about if the other person posts it tags them and the language should we have members are prohibited from posting or causing to be posted or the at a function and a friend takes a picture and tags them because there are officer safety concerns i am reading into it im sorry. Can you repeat that. Seems part of the philosophy is safety reason and dont want them identified as sfpd so do we want it more passive and on face youre not posting but others tagging and you in uniform and identified publicly. It defeats the Public Safety part i think the philosophy of this general order. Thats part of it. To answer the question if a citizen wants to take a picture and in uniform. I think what were trying to do officers in the social environment and other officers and tag each other and now during a Public Records search you can identify who other under cover officers are and for the broader review you have to think of the officers under mining their ability to conduct department business. Theyre posting their images or themselves in uniform on their social media pages which has a running history of their conduct and then they may be subject to subpoena or those their social media page is subject to subpoena and in court environment and uses to discredit them on the stand what they post on social media and educated members everything is a matter of Public Record or available for public review and brought in to under mine anything they do as a Police Officer when testifying in court or any other type of Law Enforcement relate the activities. But to answer the question low audio [off mic] once they have possession its their property and can do what they want. This is directed at the officers in possession of the photographs themselves but when others take them its completely out of the realm and control of the officers and the policy [inaudible] [off mic] district the conduct direct the conduct of the private citizens. I think commissioner hwang brings up an interesting point what you cant be responsible for but its on your page and tagged and other people can comment too. Was there thought and case of bias or homophobic comments and not whether or not the officer said it but what is the response was if they found messages to be racist or homophobe ib and especially the their rank and made it clear theyre the views that person held and how is it contemerated on facebook. The officer has a Facebook Page and maybe approved message at a sergeant or something. Offensive. Ceremony and offensive response is given by the uncle and could be offensive. Was there any thought given to what if anything the officer should do . Is the officer not responsible for what is said on the page . Again theyre just questions because these things are playing out every day so i dont know if that was contemplated. In a scenario like that we want to follow up with and bring the officer in and question and determine if he holds those views, if he is part of that conversation so that would definitely trigger an inquiry or investigation. Got it. And thats the other question and this didnt specifically indicate what happens as a result and given its going to be hard to figure out the process for how we obviously were were not staffed to monitor everyones facebook account nor are we and i dont know if there is anything given here how these are going to be investigated or audited or any process there . They come to our attention through various channels, methods, other members, the community, however they come to our attention we will investigate it. Okay. But we wont be actively [inaudible] social medias media to look at things [off mic] and just because the Text Messages are discovered and generally another investigation that allows access entry into these areas through a search warrant, but thats generally [inaudible] [off mic] we will want be actively going into we will not actively going into peoples accounts. Under the general order the department is prohibited from looking at the Facebook Accounts in general. Has doj reviewed this one . No, they have not. Okay. I dont know if it would be useful to get feedback from them. That would be my suggestion before we finally adopt it, but other comments . Questions . Colleagues. Okay. So my suggestion we be that we advance to next week if possible and for further discussion and possible action. [inaudible] [off mic] final draft and possible action on that final draft. Any concerns, suggestions . No. Okay. Thank you. We will do Public Comment. Im going to do Public Comment on item 3 and general Public Comment. Come on up. Thank you deputy chief and samra. Good evening and welcome. Good evening. My name is joy johnson and the issue of this investigation was a Court Hearing that was done in washington, d. C. And this is. In 2006 [inaudible] and on that draft is something that is able [inaudible] and the reason why a lot of people are trying to find out [inaudible] is because hes done this on purpose. You dont realize this is a Court Hearing done in washington, d. C. We need to Pay Attention to it and ask [inaudible] because this is no laughing matter. And our life and to do this our world in which i have already since 48 years of frightened and battled every day to retain life in the world and nobody realizes that [inaudible] done on this process and this is why you know something that needs to be [inaudible] real fast and [inaudible] says is not true. Theyre lies. Im not going to rat on Something Like that. [inaudible] taking our freedom is what we need to psychologically [inaudible] with and what we have endured and why you feel like that . Because you shouldnt be feeling like that because freedom has lot to do with our new change of reality and were going to keep doing this then you got a problem. You need to get with somebody professional that is going to you know really in line with this deal because this is no laughing matter. Nothing in the world that we have built on we did real hard working because this extra time for our planets and our [inaudible] in our hearts, in our lungings lung kidneys and hearts and the Police Department has a lot of. They dont realize that that. They need [inaudible] what this is about [inaudible] and what goes into [inaudible] it has a lot to do how bodies are made and dna and everything thank you. And how its done and that has a lot to do with reality, not something that we want because we babies. We want [inaudible] that goes behind it. [inaudible] nothing like that. And drugs thank you. Ms. Ion son. Next speaker. These are two items. Apologize for last week. I was here when we discussed the video release many weeks ago when the chief reiterated the statement i recognized it. Its obvious i am not 100 sure of what it was about when it was spoken about. I will bring it up again. Next thing a clarification. The Department Officers can use their phone, yes when theyre on duty or are they not allowed to use apple phone, smartphone. I dont know if that is allowable. Next thing three Police Officers walk into a neighborhood. Two are ten year vets that never fired a bullet and a recruit, a new graduate, and none of them are wearing their gunbelts. Theyre wearing casual light. What happens . The community recognizes that these people are not here to shoot them. Next involvement is with the community. Will the community have those officers backs . You want to talk about getting involved in being involved in creating trust in the neighborhood. I would like to see some volunteers, a program along that. If you get a new police chief recruit to the be the new chief and they recognize. They say we have been involved with gunless peace officers. I would be leaning that way a little bit. A young gal here said something about approaching the police, how intimidated the uniform is. That may be part another person said the new policies for the 21st century. Its kinds of a little bit odd to think of a patrol men or woman without a gunbelt, with a light belt but again they have their badge. They have the microphone. How fast can we gettany oakley to the scene . And if we can hold off the scene we can evaluate the scene. We can then direct the scene what is happening want i like the idea of ten year vets. Before i said that didnt pull their gun out of their holster and fire a bullet. I spoke to one Police Officer, a sergeant, rachel killshaw and said there were three Police Officers pulled the gun out of the holster and never fired and she thought they would like to be included. Thats what i got and they were like to be included and were part of the team that didnt fire a pull get holding a gun and you may shoot someone and its a tense moment in a persons life. I dont think they forget it. And to walk away from that edge and they dont want to do that again its a good teaching for the new graduates and how to learn to be comfortable without a belt, a casual belt. I think it would be good for the community, good for the police. Is that me . Thank you. Thank you. Next speaker. Good evening. Welcome back. David elliot louis. Greetings commissioner, chief. This is about the changing needs of cit. Im a trainer, part of the Mental Health working group. A year ago over a year ago we were doing three, four trainings a year and now ever other month. We have a big charge but our staff resources, the Department Resources havent increased. Right now we have one full time lieutenant, lieutenant molina and part time sergeant, laura cohen and while theyre dedicated hard working people theyre not enough. They need help. Lieutenant molina has put in a request for at least four additional full time employees to help run the program, handle the evaluations. Every training produces a stack of evaluations like this almost 2,000 pages. Its a lot of paperwork to go through. We need help. They dont have a desk to store the evaluations so were seeking office space and staff. I know the lieutenant will put in the request and i am hoping you upon honor it and you will give us the resources we need. It will help us do a better job and fulfill the mission of cit. I submit this for the informational benefit the commission but i am talking to chief. I hoping he supports it when the requests come up the line for additional employees and for cit and need it for the program to work. Were stressed out and thank you for everything that you have done for us and we could use a little more help. Thats my only Public Comment on that. Regarding the other item i will pass on that but thank you. Have a good night. Thank you for all commissioner for your volunteer and service work and the contributions to cit. Yes chief. To address that. We moved cit to where they were on the professional standards on the fo b bureau and lieutenant molina was relocated to another office and the requests you made theyre in progress. Thank you. Welcome back ms. Brown. Hi. I just wanted to bring up about my son again and about his case being unsolved and i would like to use the overhead concerning my son. He was murdered august 14, 2006. To day his kay isnt solved. Again i am glad that we have a new inspector jim spling and the new person that you just hired. I would like to meet that person. I would like them to give me a call so i have insight to my sons case. And i dont know if theres going to be i hoping youre the new police chief but if youre not if the new police whoever is the new police chief doesnt stop what is happening now, the actions taken now, it doesnt stop. Like i said its been ten years for this to happen and i dont want it to stop. I dont want people to forget my child. I know i come here and i know most of you and i smile but my pain is still there even though i am smiling in your face and hugging you. My pain is still there and i want you to know that that i am real serious about this. I want justice for my son. I keep bringing up these other young people. I stand for these mothers. Theres another mothers anniversary tomorrow, september 15, and she called me and asked me to stand with her and everyday i get those calls from those mothers i go through my pain again, but i need to stay strong so i can stand with them and i called her all day. I havent heard from her but i will be there for her tomorrow. Her case isnt solved either so still look at these faces and those new investigators that are coming look at cases. Look at these young men that mothers are still suffering. I want to bring that up again. Mayor gavin newsom when he was mayor he knew who killed my son. The da knew who killed my son. The police know who killed my son. They can name individuals, their home addresses, and their names. You have all the names of the perpetrators that murdered my son and one was Television Last night i had a hard life and i am changing my life around but youre a murderer and you get on television. You say youre turning your life around but you still killed somebody. You became a comedian and his name is Thomas Hannibal so i heard he was on Television Last night. I wish i would have saw that because hes one of the perpetrators. Paris moffit who is Walking Around and out of jail is one of the perpetrators and if they can have a Second Chance wheres my chance . Wheres my justice . And if theyre watching i want them to see what they left me with and i have to watch them live their life and have a Second Chance. Im not saying i want them to die. I dont want an eye for an eye but i want them to go to jail and think about what they have done and not get away with this because they changed their life around. You dont get out of jail card for it. Thank you ms. Brown. We want justice for awb brae too. Public comment is now closed on both of those matters. Sergeant please call the next item. Item 5 Public Comment on all matters pertaining to item 7 below closed sez including Public Comment on vote whether to hold item 7 in closed session. Is there any Public Comment on this matter . Public comment on matters pertaining to item 7 below on closed session and whether to hold it in closed session . Yeah, i am [inaudible] johnson. This chief should be retained. Thank you. No further Public Comment on this matter. Hearing none Public Comment is now closed. Sergeant please call the next item. Item 6 vote on whether to hold item 7 in closed session San Francisco administrative code section 67. Ten. Colleagues do have a motion for closed session . Moved. Second. That passes. Ladies and gentlemen were in closed session. closed session