Please, standby. [gavel] please, rise for the pledge of allegiance. [pleage of allegiance] [gavel] president loftus i like to call roll call loftus, here. Turman is in route, marshall, present. Dejesusmazzucco, present. Melara, present. Loftus your corn. Also with us tonight is the interim chief of police tony chaplin and for the director of the office of citizen complaint eric got he was good evening everyone and welcome to this december 7 2016 Police Commission. I like to acknowledge the turbo loss that we have had in oakland with a ghost fire and letting everyone and ill be asking us to adjourn this meeting in memory of the victims in a devastating fire and that their families in the city of oakland and everyone over there whos suffering that our thoughts on prayers are with him. Sgt. , we are going to go ahead and clean up some items on the agenda. Cheat understand what marketing update on the eis tonight but theres pending conversations to be had with the opposite citizen complaint and that eric maki agenda. Is that correct . Yes. Thatll be takeout counter and put on calendar on it. Sgt. Please, first line item item 1 consent color receive an action request for chief of police to except approval of a sixyearold quarter was named leroy from the sf spca and four sfpd mounted unit. Valued at 7500. Request of the chief of police to approval accept donation of 6000 the Police Officers association for the sf pd wilderness program. Request of the chief of police for approval to except donation of 10 tickets to the holiday ice rink at the Embarcadero Center from Boston Properties for Central StationYouth Engagement program valued at approximately 1 dollars. Request of the chief of police for approval to except donation of 22 bicycles from turning wheels for kids to the park station piece on the streets essay contest winners valued at approximately 2200. Sfpd occ document protocol quarterly reports, thirdquarter 2016. Colleagues, any questions for the chief on these requests or on the document protocol . I will note that one of issues from the report from the occ with dr. Sharing the information. So that is good to note. Any questions for the chief colleagues . Any Public Comment on the consent calendar . Hearing none, Public Comment is closed. To have a motion . Moved and seconded. All those in favor say, aye [chorus of ayes] the motion passes good sgt. Please call item item to reports to the commission discussion. Chiefs reported this item is to allow the chief of police to report on recent Police Department activities including major events and weekly crime trends and to make announcements. Update on boarding Body Worn Camera rollout to district station personnel and next phase. Good evening chief. Welcome. Good evening. All start with the announcement for the department to copper 26 again a season of safety for shoppers in the downtown area and all over San Francisco. Ill read some of the tips get sailor when using Electronic Devices and limit distractions. The other two surroundings [inaudible] to help avoid the vehicle breakins with nothing visible in the car to consider moving to your trunk your vehicle if you put things in your trunk in public view. If someone demands your purse obviously surrender them. Make note of assessment description and the legion direction they flee call 911 body can be replaced last cannot and if you see something, Say Something to witness criminal activity or see something flagged down a Police Officer or call 911 or Contact Security and last, but not least shop with a companion especially after dark whenever possible. With that i will want into the update for the crime trends. Homicides, my report has 50 but we added one this morning. Still being investigated so we are at 51 for the year. During the reporting period, we had one on 1130 and 16 berkeley 8 am. Flag down by two department of public works workers and reported a coworker had just been shot. They immediately responded to the area 20 525th st. And located [inaudible] from suffering multiple gunshot wounds. Responding officers were San FranciscoFire Department under the age of medics arrived at the scene and transported victim to sfgh for treatment. However he was pronounced deceased shortly after arriving at General Hospital. Several witnesses were interviewed can see as i responded to process the screen scene and process avenues. The rest was made and the unassigned unit is investigating that case. The next one is on the side with 22 [inaudible] in the bayview and no arrests made on bowing. That occurred on 3 december. Approximately 1123. Officers responded to 22 [inaudible] shorts fired activation. On arrival the officer unresponsive oh man. That one of the driver of the vehicle. The second male victim, too seated in the front passenger seat was attempting to render aid get that someone suffered a gunshot wound to the head in the upper left i get victim to was on injured. Bitter one was transported to San FranciscoGeneral Hospital for treatment get however succumbing to his injuries on 125 2016 and nine at 9 am and of the siege at the local officers one on able to obtain a Statement Due to item 2 due to his unwillingness to operate with is the investigation did sees i collected evidence and no arrest was made. Homicide is currently investigating that as well. Our shootings. We had one at 215 fremont st. In southern no arrest made on that and that occurred november 30. This year proximally 10 pm also respond to the Highland Hospital in oakland regarding walking gunshot wound victim. On arrival officers met with the victim stated he was shot in the year at fourth and bryant street in San Francisco. They can provide the officers would suspect description that comes up with a gunshot wound to the left groin [inaudible] officers canvassed the area at fourth and bryant to locate the crime scene with negative results. No arrest made. There were particular investigating that in particular ticket occurred on the 52 oclock and theyve you know arrest made in december 1 at approximately 4 52 pm. Officers responded to bird and chapter regarding shots fired upon arrival officers located to gunshot wound victims. Victims of gunshot wound to the right leg and buttock. They come to suffered a gunshot to the face and right thumb. Both victims were transported to sfgh for treatment. According to sfgh attending physician both victim injuries are not lifethreatening. Become one entity to a standing just outside location on the 5200 block of third street when they heard shots. Both victims could not provide any suspect information. Csi responded. No arrest made in that one. Again the task force is investigating. Next shooting occurred at ingleside. On 122 of 2016. Is ashley bayview. 122 2016 7 15 pm. Opposite gunshots coming from the [inaudible] sfpd dispatch also [inaudible] multiple shots on arrival the officers located multiple bookcases on the intersection as well as bullet holes [inaudible] no reported injuries. When this was interviewed several surveillance cameras were located from surrounding the building. No arrest made. Theyre investigating that case. Just an update on the homicide and mention. The apartment of public works worker for those whatnot heard, on that particular Case Committee was an arrest made in vallejo california. The Police Department responded with the help of vallejo Police Department arresting michael [inaudible] for the murder of [inaudible] the investigation led to the identity offrom the shooting death of jackson in the Morning Hours of november 30, 2016 could he was booked for the murder of the San Francisco county joe. On the site unit is continuing with that investigation. The next item will be the update on the Body Worn Cameras. The department has completed training in all 10 district station to the topic of money Tactical Unit 1245 body cameras have an issue. This week and next training will occur for members assigned to 850 bryant st. Follow that personnel out of the Public Safety going. 250 cameras [inaudible] receive their Body Worn Cameras upon successful completion of the Field Training program to our main issues of an officers familiarizing themselves with the cooperation of the cameras in time now required for the video review of multiple officers report. Weve had some challenges with the magnetic attachments releasing the cameras on officers move quickly [inaudible] resisting individual tech is upgraded magnetic updated attachments to make sure that the vices say affixed. Therefore Body Worn Cameras handled by protocol at the scene of the officer down should be always downloaded and handed by the uzziah and homicide per protocol. That is the update of Body Worn Cameras in that concludes my report. Questions for the chief, colleagues . I just have a question, g. You have a yeartodate homicides from this time last year . Lets see spears that i also did not know if you had the number of shootings this year versus year this year, year to date . I normally do but i dont. All have them by the end. I can get them. No problem. Any other followup questions for the chief . Okay. Thank you, chief. Sgt. Please call the lex line item. Item to the rival occ directors report this and allow the driver to report on recent occ activities and make announcements. Presentation of occs monthly statistical report for october 2016 and statistical report from october 2015. Good evening dir. Hicks and welcome. Good evening pres. Loftus, Vice President , trenton commissioners chief chaplin and members of the public. As you know on november 8 the voters of San Francisco overwhelmingly adopted proposition g which is sponsored by supervisor melia cohen. The measurements the San Francisco city charter to rename the opposite citizen complaint to the department of Police Accountability and expands our jurisdiction. Since this item is not agendize this evening only briefly outline that we have been advised by the City Attorney that the Charter Amendment will become effective after a four step process. On the first up is the director of elections must certify the results of the elections to the board of supervisors. Yesterday the director of elections posted the results. The board of supervisors adopt the results after that the director of elections mails the results to the secretary of state. Mails to the secretary of state any Charter Amendment approved by the voters and that would include the proposition g good Charter Amendment become effective on the date that the secretary of state acknowledges receipt of the Charter Amendment. I didnt advised that the city should receive that acknowledgment near the end of this year. The opposite of seven complaints we are in the process of inventorying what we need to change in terms of stationary, signage, business cards and we will be moving those things forward. This evening, though i like to take the opportunity to introduce the occ for newest 8124 investigators. There in the audience. It brings us now to a total of 40 filled position. 24 of those positions are investigators, including the Deputy Director, eric balthasar. Were so planning to hire three more investigators. So if i can i will introduce you one by one and if you can please stand out. First, Christina Cassidy did a complaint investigated she is practice law in florida and california. Her areas of practice have included juvenile dependency, family, personal Energy Contract disputes and estate planning. Ms. Cassidy holds a bachelor of science degree in psychology from the university of florida and a jurist doctorate degree from the Golden Gate University school of law. Welcome. Our next complaint investigator is eugene chan. He has most recently served as a part Patrol Officer in the San Francisco recreation and parks department. So he was already a city employee. During his employment as a part Patrol Officer reserved as a Field Training officer for the new officers. Youre the battle of arts degree in criminal justice from San FranciscoState University and he speaks and reads cantonese and mandarin. Thank you. Welcome mr. Chen. The next investigator is map stonecipher. He has been employed as an investigator and legal assistant law firms in the bay area and in los angeles. Where he conducted an interview zero extensive memorandum based on interviews with clients and witnesses. He is also work at in the Entertainment Industry in los angeles doing background checks. He was a bachelor of arts degree in journalism from western illinois university. Welcome mr. Stonecipher. Backbone in hollywood. That mustve been interesting. [laughing] i think it stories to tell, or not. Last but not least, stacy when injured. Complaint investigator. Shes most recently worked as a workers competition claims adjuster for the San Francisco department of Human Resources. Another city employee. She only had to walk across the street. Prior to her employment with the department of Human Resources, stacy worked for the California Department of insurance as a Staff Services manager in Human Resources in addition to other positions, she worked for the department of corrections serving as an auditor of Workers Compensation claims. Ms. Manager holds a bachelors of science degree in criminal justice from california State University sacramento and a jurist doctorate very recently from jfk, john f. Kennedy school of law. That concludes my introductions of the for new investigators. Longawaited welcome is when it appeared welcome, to all of you. Width in addition to the for and best bidders he was in addition to the four investigators we also have recently hired a senior account clerk and she also is fluent in cantonese and mandarin. We have also hired an Information SystemBusiness Analyst assistant who will assist chriswho is been our own Information Technology person and our newest hire an Information Technology is also fluent in mandarin and cantonese. Moving on, to outreach. The office of citizen complaints has been busy with its outreach activities. Attorney manny fourth adjusted on a Bar AssociationPanel Discussion for new attorneys. Investigative work he we staff at the Chinatown Health Fair offering information about the office of citizen complaints and mediation coordinator Donna Salazar give presentations on Mediation Program to two San FranciscoState University classes that were studying conflict resolution. Senior investigators [inaudible] made a presentation on the occ function at the 253rd Police Academy class and i cannot not sure if i see sarah in the audience this evening. She is the senior investigator who has been conducting an extensive Training Program for newest investigated moving onto more outreach, attorney sam remarrying anticipated on a panel on Community Trauma and trauma informed policing. For the Law Enforcement executive summit and i was at the indication of pres. Loftus. Ms. Marion focus was on the San FranciscoPolice Department children of arrest parents general order. Also gave a presentation to the Family Violence council on the Police DepartmentLanguage Access policy. Finally, more Academy Training and it was my senior investigator steve boeck and sherry fletcher. I believe it was to the 254th please academy class. That concludes my report. Great. Colleagues, questions for dir. Hicks . Director hicks, then has a job. Welcome everyone to the new hires get the commission has worked hard to make sure the occ has the staff necessary to do. Important mission of would you still given a leg which echoes some of the folks brought in particular skills with cantonese and mandarin would be great to make a particular make that known to the chinese press. I take world journal, one of the challenges i note you articulated over the time is making sure everybody understands they can come and bring a complaint in their language needs will be met. So that might be something that will be useful. Think you very much pres. Loftus could will make sure that happens. Director, do you still intend to go over the monthly reports . Either the monthly statistical reports for october pres. Loftus the members of the commission. I willi will not go through all the statistics. I would just highlight mediation in the area of mediation, by the end of october, occ had mediated two cases. As of the end of november, we now mediated 45 cases. That is the same number of cases that were mediated for the entire year in 2015. I suspect will conduct mediation is this month. Also, in our reports are comparative report of october 2015, october 2016, we do have for discipline cases that were determined by chief chaplin and we were in agreement on most of the discipline and we met in and conferred onto cases where i had proposed that we come to the Police Commission with the cases. After meeting with the chief, we concurred on discipline and in one case in particular, which involve a sergeant and two officers, the chief did impose a 10 day suspension for misuse of Police Authority. In a second case, involving failure to properly investigate eight traffic collision, i recommended a written reprimand in the chief concurred. On a third case, involving investigative detentions, where an officer arrested the complainant by pointing his patrol rifle at the complainant not allowing him to leave and go to issue a certificate of release, i recommended a written reprimand and the chief concurred with that as well. In our final case, this is where we did not reach agreement, and it involved the execution of a search warrant. This was an officers though to complete a property receipt, and to give it to the person who was impacted. The officer did not issue a property receipt after executing a search one and he did not think that he failed to do so in the incident report. As the sgt. Approved the report. I recommended written reprimand for both the officer and the sgt. The chief of police found proper conduct of the officer and imposed an admonishment and retraining for the sgt. That concludes my report. Colleagues, anyquestions . Commissioner dejesus microphone, please. Im just wondering giving january is around the corner, do you havemaybe this is for the chief, but you have an understanding of where your department dance in the role in terms of its District Attorney and the Police Department and the memorandum of understanding on what type of evidence and or investigation your office will be obtaining . Commissioner dejesus think of for that question i do not have any idea at this point. We have not been privy to the negotiations and at this point, the way we are proceeding is as as we have proceeded in the past. Deputy director and chief of investigations balthazar was here in the audience this evening is on the list get the call out west and he rolls out when there is an officer involved shooting, and we begin our investigations now immediately is that we can for a complaint to be filed. But, in terms of the change, it is not yet occurred and we have raised the issue, both with chief kaplan and with George Gascon and the response i received from dist. Atty. Gascon was that he occ would receive evidence if they were not a pending criminal case. So we need to get clarity from the dist. Atty. On when we are going to receive information because now with the Police Department, we receive the information when we request it. With the state attorney, who is investigating officer involved shootings for criminal conduct, if there is some delay in providing the occ with information than our investigation would be frustrated. I guess im concerned that the investigation is ashley shifting during the District Attorneys office and the occ. But my understanding is the heavy lifting is still done by the department and they are not at the table and you dont have an understanding of how your investigations are going to proceed if you to wait as per rating right now 14 months, two years before they decide whether its a criminal charge or not. I find that very perplexing and i find thati find that a failure. It just a failure. My understanding is youre supposed to move for january 1. The pop and doing independent investigation at that apartmenti dont know where they stand and i think this commission needs to look into that to make sure as a vital stakeholderyoure still under us and make sure you can do your investing we kind of need to know where your department stands within this memorandum of understanding before they signed. After the senate is going to be much more difficult to redo that. I think we have to put that on calendar get it to find out from the department where they are. In terms of how theyre going to negotiating your aspect of it and i dont know what youre not at the table. Thank you very much. I do not know, either. I see chief chaplin did want to Say Something . Two things. Just to go back a little, we are 47. This time last year we were at 51 now. As i stated earlier our shootings last her work 141. We are 168. Both seen increased. To answer the question from commissioner dejesus earlier, the director is not a table its mou regarding criminal investigation which he has nothing to do with. Its an understanding to the das office get a man up and, oh you without the other part of the restitution is done between the dist. Atty. And he occ but as far as this particular part of it is the criminal investigation done by the District Attorneys office and now thats can be handled with regards to the District Attorneys office and the Police Department absent anybody else been involved in a prospect it just literally eight moving of how were going to do those investigations criminally. On the other side, the administrative side honor, thats the one where youll start to see the involvement with the occ, but we met with the cops director and we went over this and gone through it pretty well that this is just a discussion about the criminal side of things. So im having a hard time distinction between the criminal and the administrative. Because the witnesses are witness. Pictures are patient. Counting the shows are counting the shelves. Documenting the scene. Though they go hand in hand. All part of the same investigate my concern is maybe you should tell us what the department is going to continueis the occ going to continue to access to the list six report, the show come since, the pictures the witnesses on the scene, the witnesses statement which is also much what the da is getting . Are they get the same access that the da is going to have . I dont see it distinct between the administrative investigation and a criminal investigation maybe outcome is different but the evidence is the same. There are huge difference. In the administrative vista compelled interview that can be used against the officer in the court. In the criminal [inaudible] theres some huge differences and is very complex and we be here until 1 am going over differences in these investigation. But only nothing changing. All im saying is that some point director hicks alluded to work there and shes absolute right to conduct a sitdown with the dist. Atty. Because as far as were concerned, and i think that was stated earlierwhen asked for, we turned over everything the director hicks and her office is asked. We have no issue with that. Im saying the next phase of this is cannot be a discussion between director hicks and dist. Atty. George gascon about how they go forget but as far as the Police Department those minor sin is as nuclear before us for these document we will produce them for the occ. The department of Police Accountability into the conduct between the parties i certainly think the memorandum of understanding, paragraph in there at all the same materials on the general necessary required by occ will be provided by the occ superstar roadblock to our doors and wish us to meet with the da. She is to have access to the evidence that the department gathers. I dont understand what the issue is speak [applause] before you start clapping here is the distinction. Several of the controversial investigations in officer involved shootings that happened that the public and city and county of now brought up in scotland are witnesses the da may have access to that are not willing to talk to the Police Department. We can make a commitment to turn over the investigations or those interviews over if we dont have them. So thats what im saying is can be up beside it. This only different parts of that theyre going to have to be addressed but its going to have to be a conversation between the two parties that are going to be doing their separate independent investigation. Okay. Can i jump in. I dont argue with you on not seen the dist. Atty. s own work product. Talk about identification witnesses everything that apartment has to be provided to the occ and protected in any memorandum of understanding. I think to keep this productive, we dont have any documented in front does not agendize. Commissioner dejesus clearly as quickly i imagine director hicks has questions. When you do if you could bring this before the commission and the nurse action you request i trust youll let us know. Thank you very much president loftus. When i was eight occ attorney john alden has resulted the District Attorneys office. They have not met with us nor shared with us the mou. Yes, while i understand that theres a distinction between the criminal investigation and the administrative investigation, the same evidence is gathered by the same people. The Police Department in the past has served that function and provided the evidence to the dist. Atty. s office. Now the District Attorneys office is going to be gathering that evidence get yes as i understand. We do not have a document or call relationship with the District Attorneys office. So we do have questions. They have not been answered and we will agendize it at your request. Thank you director hasz good and getting further for director pics . Sgt. Please item item 2c Commission Reports that Commission President support commissioners reports. Policy analyst report. Update regarding the commissions response and implementation of plan to the cox report. Ill go ahead and stop with that mission hasnt reported that this did not come up early but was and Academy Graduation on friday. The 253rd class of San FranciscoPolice Department it were four officers from the oakland Police Department give commissioner melara was there with me to it was an impressive cluster of like to acknowledge the academy as well as the recording team. It was diverse. It was spirited. Theyre very clearly the comments of the class president that were that the very orientated to is happening and committed to serving the city being the guardians that they signed up to be. So it was really impressed that i will share with you all, colleagues because its relevant to whats happening this week, i did share with him the story of officers which an officer cloud which some of you will recall, four years ago in the bayview they are the two officers who came upon newborn baby within abandoned that shortly after being born. Both had training at io as emts and one of the officers was a rainy night on third and mackinnon and the officer went over under the muni platform to give chest compressions to try to keep the baby alive and the baby was not responsive and the officers said i was not let that baby die on the muni platform. So they could not wait the 10 min. For an ambulance to come from general. So they put one officer drove and the other foster at the baby in his lap. Maybe not with his name and give chest compressions and beg the baby to stay with them while they got to general as fast as that car would get them there. Maybe not with and i will venture to say that i think just not Just Department policy but for those of us who have small children i believe its probably against everyones policy driven newborn baby in her lap while some is going lights and sirens. Theres nothing in the policy that says you can go lights and sirens except for only when you come upon a baby in the rain is not being responsive. So the idea that i shared with this class was it is never going to be against the policy of this lease payment to save lives. They executed their training. They were guardians. They did the right thing. They are starting to any reasonable person and the idea that they violated the paper of the Department Policy was completely irrelevant. They were heralded to be the heroes that they are. So i shared that with the class and i was sure that all with you to say, the other part of my report is that after this week i think we can all see change is hard. And that we are embarking on significant change could i would like to thank anyone who has submitted their opinions to us about our use of force change weve got enough good we got phone calls. I do appreciate all of the feedback that weve gotten. Its all been collected and shared with the commissioners. We have been in a yearlong process where weve had a lot of voices at the table but its never too late did so i want to thank everyone whos omitted that i just clarified a few things. One is that it is not the intent of this commission were certainly myself, to ever put lives in danger. Its actually the contrary. We have endeavored over the last year to reengineer use of force in a way that keeps our officers as safe as possible. Members of the public and Community Members. Thats been the intention of this commission and are means the intention of this commission did a few clarifying points. If you do emails we will responded with some facts about the design of this policy. The ad thats airing on television at this point suggests that officers dont have the discretion to make a decision of what interest in the public of safety. As the story i shared earlier illustrates the policy specifically says, no policy can predict everything that a Police Officer is going to face. So for the officers watching at home, as many of you do, the policy specifically says, it would be ridiculous for us to suggest we can predict everything that was happening provide specific exceptions. This policy does is it says you can predict everything thats going to happen. Officers are trained to use their critical decisionmaking skills. And their sound judgment in exercising use of force. To the point that shooting at cars is not an issue for this department over the last few years, i will say this. Between 2006 and 2010 the were 32 officer involved shootings. Seven of them were vehicles could not these were instances where car was coming greening into the public nor an incident with a terror attack. So thats 22 of all officer involved shootings. Between 2011 and 2015, was a notion that was a more restrictive Department Bulletin issued in the mud of tightened up the issue. Where in fact there were 41 officer involved shootings that time period and 11 of them rent vehicles could again not because the vehicle was careening into the public or because the was any suspect that was terror involved. That means that was 27 . So actually in the last set of years weve gone up despite attempting to restrict this policy. This is a United States department of justice recommendation that this department change course and address this issue which is particular to this department. So when we say we are attempting to save lives, we mean it. We mean what we say. It can be difficult but i want to usher members of the public who are seeing the ad on television this commission is committed to keeping in place officer Community Member like and i know well get an update from the department of Human Resources on the status of that policy but that is my report. Colleagues do you have a report today . Okay. Commissioner mazzucco i just want to add to what commissioner loftus said. There is language is commissioner loftus read two and gave a great example baby nashville began predict everything could this commission is nothing more this commission does other than we want to protect the safety of the public and the safety of our officers. We take that into consideration. You heard from the technical experts. Those with tactical experience. Those officers that been out on the street. We are doing whats best for the community and the officers. This is not an us against them sort of thing. This commission is done many things to limit firing at moving vehicles. There are exceptions. Again, there is no blanket will rule saying that you can do it is some lease firing at you or in the situation where the officers use their judgment, their training, and they do so with the interest of protecting human life on both sides, human lives on both sidesthe officers do with their trained to do and trained to do what theyre supposed to. To protect themselves and the community. So right now, were it that is parsing of words about the exceptions to the rules. A lot of attorneys are getting involved. We are hearing from beef and Bar Association, aclu, wheres on community and civil rights, responsive that the Police Department will say, well, those attorneys are not on the street with us every night and were encountering these situations. So thats why we rely on the technical experts at those with tactical experience. We are taking it on bringing it it altogether to reach a policy that gives the options to the officers to protect human life including their own. So i hear a lot of things about what the poa says this in the Community Says this could we take that all into consideration. We, as a commission, unanimously voted that shooting at moving vehicles, and lists are shooting at you, in most circumstances, is not permissible. [applause] i will say from my experience, as a former assistant District Attorney who is responded to officer involved shootings, including those at moving vehicles, that there are things that will i will never forget that i saw that were lawful shootings that i responded to that the result was not good for the officers and those involved in the vehicle. So weve endeavored to do our best to protect everybody and i wish everybody would stop secondguessing us because were putting our hearts and soul into this as his commission pres. Susie loftus could let us do our job. Thank you for your input. Thank you commissioner mazzucco. Vp turman i would just like to say this is when mark or historic. We are not the first jurisdiction to say, no shooting and leading vehicles. Its been done before. It has causedit ensures Public Safety. It gives a thought and care to the people standing on the street as well as bystanders , and the fact that commissioner loftus has worked so hard to implement this, to protect the safety of San Franciscos its a laudable. The fact that she now has to stand up to the pressure and the personal attackshe did not make this decision alonethis is a complete commission decision, which we all agreed to in which i hope we all have the guts to stand by. We should be standing up for commissioner loftus. We should be standing up for this policy and we should be standing up for the citizens of San Francisco. We do not believe, based upon the facts, the research, the experience of others, that shooting at cars is a tactic that we should allow our officers to do. And we demand that the poa [applause] [inaudible] thank you vp turman. Dr. Marshall i just want to say last double i geared on different Radio Station that are normally on. To talk about, to explain to the listening public decommission theirs is issued about shooting at vehicles and the request came in a really want to do it because i want them hear another voice other than i hurt. It waspeople seem to understand why. So i just want to join my colleagues in obviously saying the same thing. I dont like the fact they put a picture out. That is an equal and im not cool person could but let me add one other thing to the point you made earlier, commissioner about baby nash. Yes, maybe not. He was that extraordinary circumstance [inaudible] but i believe the officers received a medal of valor that particularits because i dont recall that particularthey came here he was taking your maybe they shouldve got one. Certainly your point is well made about that extraordinary circumstance and they certainly were not punished. They were applauded. They save the life and just want to join my colleagues in saying was glad able to go in there and lend a public voice to the Radio Audience about our position on shooting at cars. Thank you dr. Marshall took any further reports for my colleagues . Is that you . I can clear this regard nobody else . Okay. Thank you, colleagues. Lets call it our policy analyst that we all worked very hard to get this odd one here. Anna bought one is our police corps oh. You will all recall that when we began this reform conversation i know commissioner dejesus revokes in here for some kind of record as the Johnson Commission is that in having robust staff and given the dojs presence we did recruit from the best and brightest so this odd one is here to give us an update regarding the commissions response and Implementation Plan to the cops report which of the us doj report welcome. Thank you. Good evening pres. Loftus vp turman commissioners director hicks and chief chaplin. Quite daunting up here. [inaudible] men and women that give 2 min. Of their time. [laughing] my name is rodney i went missing a policy analyst with the Police Commission. Late last week i submitted a memo that am hoping that the discussion is how the commission would like to get involved in the reform. You have a couple responsibility solely over sponsor to sfpd as old as was the atc and the community. But more so there are actually commission related recommendations where you are explicitly and i believe there is some room here to really get involved and follow through on the promise the commitment and dedication to get this done. I echo your sentiment of jim. Hard but its also an exciting time. This is a very short time ive been in San Francisco a unique and fascinating city with some very unique challenges to it. So proud of good work in the sfpd has been doing, underused chief chaplin, theres always room for improvement would always strive to improve and always try to attain perfection thats enough ramble. 18 recommendations, i think weve cluster them could i cluster them based on similarities. There is some layout. Theres some crossover. There is absolutely needed to be working together but i dont think were looking for an action on this evening. I just once he got a questions for me of you had any thoughts . Yes. Start i would just say, probably for everybody who is watching, while the doj report was about the Police Department intimate recognitions of the role the commission could play in addressing some of the industry silver were aching with the Police Commission some form or fashion were referenced. What we have done is when i say we commence the royal we this odd oneas cluster them could i thing its 11 areas. So just for people following on at home, its revision of the doj and both entrusted i think many of us having been in the sauces making over the last year have recognized thaticu represent ms. Preston from the department of humor resources to spatial legal in her i would tell by this that it takes a long time and fastest convene a working group to identify how could streamline back it was a number of recommendations that. Immunity and external engagement are some recommendations. The was a recognition round considering electronic control weapons. The recommendation around the permits will in illuminating bias and whether or not the department isnt lamented an audit of all their telephone devices. Community policing is another cluster minimizing obstacles to transparency. The department of justice did recognize there certain california laws that limit what we can share but they did ask us to revisit and make sure sharing as much as we legally can. Procedural justice is another cluster. The audits reporting to the department to the commission is another cluster. Policy reporting to the commission, discipline reporting, then the idea to ensure we are identifying trends in all this is another area. So colleagues, you have this before you. I think what is sometimes forgotten in this process is everyone here also worked during the day. This our Public Service and soak in light of that,the we have a staff of three amazing three human beings, but three. That this commission to bite up this area and each commissioner take a lead role in a couple of these areas. To shepherd it through so that we can make sure the reporting process that were able to the expert subject Matter Experts in certain areas given to divide up the work load thats the idea did anything that amiss with that ms. R1 . No. That covers it. I would also like to stick a pin in the retreat at some point get go ahead commissioner oshea says the weeks back when we first started talking about the doj report just the past breath of it, theres quite a lot to cover and a lot of discussion. Commissioner dejesus suggested we get together for treat i think was agreed upon. Im hoping i can look at your schedule wraps scheduled for the end of january. Sorry . [inaudible] [off mic] did you say february . Im hoping. In the springtime . You just gave to much ground there [laughing] perfect. About late january early separate . Favorite. I would say, colleagues, next week if we can regroup look at this. Have a sense of what youre both your time of inability is in your issue expertise this particular area is a diverse and vast area of focus here. So i would say bring this back loving away your interested in and will officially assign them out so that this commission can also work with departments to demonstrate the opportunity of this commission is to air all of these issues, get input from others and make sure the progress we made is fully actualized and understood broadly in the Greater Community at any questions for ms. R1 . Dr. Marshall. I just want to say this one, where have you been all my life . [laughing] it just amazing what youve done. Youve taken this whole thing and its like people always tell me, you really know dr. Marshall, you really have a goodyou dont know what your missing. I found that once i know what i missed it youve taken resulting in broken it down. All the work youve done all the analysis, the meetings with you could very informative for me and i guess, i just want to say your passion for the work is just like, just spew out. You really like doing the stuff. August detailed work, breaking it down this chart which i guess is available to everybody its a fabulous. You will really are helping us to adjust that to say that because this is a huge job. Obviously and without one of the things we first that was getting help to do it right good you are the first person assign and we got great person to do it. Keep it up please debugging is an ocean is like a good coach because we need that on the commission said. [crosstalking] [off mic] on a basketball guy. The party indicated the ideas area some inches and ill let you know which one. So, great job. Keep it up. Thank you. Collies, any other questions for ms. R1 . Anything further for us we no. We will see you next week. Absolutely. Great job. Sgt. Please call the item. Item 2d commission announcements and scheduling of of items identified for consideration of future Commission Meetings. Action. The of a pretty weave a particular list of items with party schedules and we are going to knock a few those out next week. Anything that folks think is not on the raider . Commissioner dejesus so the eis is rescheduled. Im just wondering when . I dont know why but i heard talking to the occ. I just want to know when . Its been something ive been asking for and not complaining that its not i just want to know when a score to come back on. Also asked for a homicide report no supposed to come back on soon . It was good lieut. Obama site was unavailable to make it will be on the agenda for next week. He was okay, next week. Then i think we should agendize this mou occ issue. My suggestion director asked you agendize that under your report so you let us know. Yes. B was commissioner melara considering a lot of the issues coming up with that of come up since the election, about people not feeling safe, i would like for us to consider the discussion in a safe place issue because i feel that could be expanded to not just the gay and Lesbian Community but all other communities that need [inaudible] okay. Thanks. That is one of the items on our list. Do we have a sense of when we can put eis back on the agenda . I know the issue was medication issue with occ and apartment. We are ready to go to. Was taken off [inaudible]. Is in the second the result will put it back on the town. Okay, thank you thank you. Without people on items 2a2b. Public comment. Welcome thank you. Beasley on these items, first on the issue commissioner dejesus raised about the new process im sorry is it the dpa or dpi eight . Not the occ and more im going to have to change is hard im glad youre going to beyes its very hard especially when old. Im glad youre countering this but i want to remind everyone including the occ director that the charter has not changed. There is a legal duty on every employee in San Francisco be it the police garment District Attorney or any Public Employee to fully cooperate the occ. It is incumbent upon the occ to speak up in a timely manner if the occ is not getting the full cooperative so i would have this on the calendar, that is the issue, making a public can solve the problem. The next point is also want to thank the occ director get a been asking early in there for much more detail on the disciplinary summary should dedicate those in our reports. Thats fantastic that is posted or make one of the brief, and the penal code requires complaint to give that disposition information about their complaint. That finding its dispersion. I talked to some commands have had complaints of staying in the not heard the disciplinary result good would encourage the occ to exercise thats a legal obligation. Get close the loop. After that is one dont put in the public report to the complainant to pile up. Lastly with respect toim sorry ms. R1s report without getting into too much detail much of the process you want feedback on this but there are very quickly few things here i was concerned about it i know its an early draft that request was actually the recommendation from cops office was to come up with a process and after action report to try to expedite this whole process and what has been written so far is providing updates. Theyll not expedite the prospect will give us more information get their fundamental questions and concerns and result from the use of force process as to what should be negotiated and what should not be receive legal information that is him and respond i would really recommend on that piece, sorry important to get clarity the public for yourselves, as to what needs to be negotiated but doesnt need to be. Yes. Thank you mr. Next speaker, please. Good evening and welcome sgt. Good evening. Commissioners, director hicks interim chief chaplin, i want to just convey to you specifically commissioner loftus and the other commissioners, that you have the heartfelt apologies of the officers who justice. First of all, we are apologizing for the disrespect that you received, commissioner loftus and also the fact that we find ourselves in a situation where i feel Police Officers may have shown on officer like conduct especially in presenting such an avid surreal role in this propaganda that we should be concerned about these hypothetical situations involving shooting at vehicles. I think that the doj has already stated what is the best practices and you have a responsibility to ensure that you are making certain that we are following the guidelines that been established. I also want to say that you have constantly stated that doj can never include all of the issues that may come up upon us. But it is our sponsor bodhi as Police Officers to be able to articulate the reasons why we take actions. If we dont we need to go outside of those basic guidelines. I also want to encourage you to continue to look through all of the department gen. Orders could they are extremely old. Its inexcusable for us to dg oh with consistent bulletins that are just flying all over the place. You are doing the right thing. You are seeking justice and that is what this is all about good we all have to brace reform and again, i want to state to you that you have our full support and do not let others use a smokescreen to stop the progress. You are doing the right to keep doing it and im waiting still to find out who is going to be our chief so that we can continue with not on my watch. Thank you. Thank you, sgt. [applause] so first of all i really think we need to divide the agenda so we have time. Theres a lot of issues to jam into one response in 2 min. The first thing i want to address is the report on the misuse of Police Authority could i like to hear more details about that officer. Has this officer had a record of such behavior . Could you fill us out on that because that sounds pretty serious to me. Also it sounds like commissioner dejesus rot up the winning cooperation not stonewalling from the Police Government and the da and i agree with you, that the memorandum of understanding should not be finalized until theres a clarity so that this department can have the power that it needs to investigate on the level that is needed. Number three, wonderful story about baby mash good i would also hope the public what it takes leniency about the law to save lives like this that the same attitude will be offered to them if it were a citizen when done this with the same understanding of taking leniency and the law would be considered. Also, we heard at the coalition for dario woods last night at the da and bad independent investigation one thing i found interesting is Police Officers are never charged with murder in there always given leniency and it takes years and once you normalize that entire process three hard to bring any charges. Whereas any of our citizens, if theyre suspected of murder are charged demurely then the investigation can start and things can 04 group did we need to think about that has a grade of policy allow for Police Officers to be arrested if they are suspected of murder like shooting someone in the back of the head. Thank you. Thank you. Next speaker. Good evening mr. Roger to the welcome. Thank you. The first thing i would like to say is that i would really like to offer strong feelings about what i see sitting here in front of me today versus what i saw when i first came. The change is imminent. Its obvious to anyone that has been through as many of these Commission Meetings as i have. The tone of the commission has changed and i really want to thank you all for everything you are attempting to do. I understand that the poa has tried a lot of Different Things to influence your decisions, and im happy to hear that you are not allowing them to pressure you into doing something that is against the policy changes that are needed for this city. Also, i would like to say that as for the use of force policy, itself, i think there is not enough emphasis still on what needs to happen as for the legal definition, what is it they say, i couldnt do prospect when an officer takes it upon himself to shoot another individual, even in the line of duty, he is depriving that individual of due process. So, again, i would like to hear a little more about how we are going to increase the policy as for to process so that everyone achieves the same thing happening to them when theyre on the streets rather than someone saying, oh, yes, as i looked down from a helicopter he looks like hes a dangerous person. Thank you. Thank you, sir. Next speaker. Good evening commissioner. My name is johnnyim a narrow quantity of the San Francisco youth. Your commission has an interesting [inaudible] in respect appreciate San Francisco police arent proit does to protect children and young adults. However the message and tactics used by the Police Current date even as evidence by the respondent of justice finds in october. Those updates for some policy voted on these dog and indicate any more effective deescalation mesh good group to medication enhanced accountability by Police Officers. The Youth Commission encourage the Police Commission take proactive steps to update the methods and doctors records with a recommendation. Importantly to ensure public means wellinformed and public please commission should create and publish it, and for justin and implementing the items in the doj study and their visors of course sparrow again these commissions like to extend the utmost respect to the police are making our cities and anderson habits might and the commission Youth Commission supports you. [applause] thank you, commissioner. Excellent, excellent report. Good evening. Welcome could even get my name is shannon arrived on november 2 i came to the Police Commission meeting to express my support for the inclusion of the probation against shooting at moving vehicles and the sfpds new use of force pocket as i mentioned that night, my child [inaudible] was an innocent passenger in a car with an officer greg brattle and fired into the car and killed her in 1990. She was only 17 years old. She she was family and friends are grateful to the commission presided what happened to sheila is one of the fax in response to the poas recently released video. I was horrified and disgusted when i watch the poas video. If it up to scare people into believing the sfpd should be allowed to shoot at moving vehicles is extremely disturbing. Even worse, the video is the killing of Michael Mullen and 20 with it features one the officers who killed him and it shows a photo of Michael Maltz on the false news gone about the details of his killing. I know michaels sister that we both attended the same Grammar School out the sunset. Its actually shape of the poa is putting blatant lies to its mentorship public about what happens to michael when the sfpd killed him. If forcing the family truck to remove his death in a very public way and up to once again defend their loved one who lost his voice against the lies being told about what happened to. The poa is going michael maul all over again. By refusing to the prohibition against shooting at moving vehicles from being included in the new use of force policy the poa is forcing all the stuff we live our level and staff. Id like to be will to member sheilas life and our friendship instead of being reminded of her tragic death that broke my heart. Id rather not have to come to this meeting to remind you about what happened to my friend but i will keep coming as needed because i dont one another family or friends left expense of this kind of poorer. The new use of force policies voted on this past june is a good policy. Be please continue to work hard to make sure its implemented to it for sheilado it for michael maul into it for Justice Jessica wont. Thank you. [applause] thank you. Next speaker. Good evening and welcome. Hello. My name is loraineim sams mom. Weve been coming here not for quite a while until this came up again but i applaud both the commission is trying to do. I really want to speak to the poa. I am so upset with the poa did years ago when we came trying to help out in sheilas case, we were made to feel like we were so wrong. The previous head of the poa, gary the limitsim going to name himwas horrible. I was in meaning of the Police Commission. I was a proud minion. I have to say that. The current poa people just as shameful if not worse. What theyve done to the mall family is shameful. Im speaking to the poa. Martin halloran, stop it. It is cool. It is cruel. It is cruel. Thank you. [applause] thank you. Next speaker. Good evening and welcome. Michael. So there is a huge amount of self congratulation going on right now about the policy about shooting into cars. Sure, its great not to shoot to decide not to shoot into cars and to decide its against the policy, but in the one outstanding case of a Police Murder of jessica williams, where was shot into a car, you would think that there would be a cam that would be revealed in order to know whether was necessary and has far as we know that is not happen. Why not create okay. Well theres our answer. Ive got to say, i am not impressed by this reform measure. I think any these reform measures. I dont think the community is impressed by it either. You know, as far as this case about baby nash, i saw about a month ago the film with kennethwho was shot and clearly, no danger to anyone and yet you was allowed to ride on the sidewalk for hours and two died. I think this is really was more typical of the picture. Thank you. Next speaker. Good evening, clive. Welcome. I want to join a prior speed lets talk about the poa. Their conduct is beyond repugnant. Theyre walking the line they can to get sgt. Williams she had enough called to stand up had enough. Ive had enough. The mary woods family they disgraced the Family Public at a disgraced yes. Jerry dillane as with the other guys name . Marty was leaving in january. That poa is become repugnant. The rank and file, you guys know whats going on. The Police Officers are so association is a hindrance two police reform. They are a hindrance. They are a hindrance. You want to shoot at moving vehicles. No. No. We can have that you were trying to change the Police Department and all the poa does is want to be an obstacle. Either be part of the solution or you are part of the problem and the poa is part of the problem. Thank you. A few, clyde. Thank you, clive. I will any further Public Comment . Supervisor jen and i come back to my reports that july to address the commission . I will close out Public Comment. At this time is my discretion as you to go back to the president s report and i reckon i supervisor cohen. Good evening everyone thank you commissioners for alumni and opportunity to make a brief presentation. I also want to recognize the seat of the Committee Members that come here on a weekly basis to raise and lift their voice to a matter they care very deeply about. Needless to say its a matter i also equally unconnected to and care very deeply about. I am a native san franciscans starting in january will have servedwell serve seven years on the board of supervisors and i cant even tell you how many shootings that both officer involved shootings and just regular game balance shootings that we have lived through we as a city family. Its absolutely tremendous and i do believe we have a responsibility to make the streets safer for everyone. I want to be very quick that includes Law Enforcement. I am incredibly concerned about the tone and the tenor that, the dynamics between the community and Law Enforcement. How it has changed how its escalated in a relatively short period of time is just an incredible level. And, recently, it was an officer that was murdered, and i recall reading an article about where was the outcry and where was the outrage. I can totally emphasize from that because it was a period were my own Community Members the was no outrage, outcry were outpouring. So i know how hard that hurts. How deep it hurts. I want to recognize to both folks on the aisle, that it is a loss and a loss period. I do not advocate or condone any Law Enforcement official been shot, particularly in the line of duty. My position, really, is not one of for the police were against the police could in the end i support and represent my constituents. I have constituents that are also Law Enforcement officers. This body would not recommend any policy that would put any officer in danger. I just want to echo i think someone commented earlier and i agree with that includes the board of supervisors. So its my understanding that despite more than five months of negotiations with the work between this commission and the poa, as well as working with negotiations representatives from dhr, that the conversation is kind of stopped. Stopped moving forward. The tickly, think appointed issues the prohibition to shoot at targets in moving vehicles. I wanted to inform this body as well as the members in the audience, that yesterday i introduced a resolution affirming the board of supervisors position and support, support of the use of force policy. And i want to let you know it was a unanimous decision. I think thats incredibly important to highlight. Ive copies today of the resolution. [applause] think. If i was a kid i wouldve got stronger applause. I recognize that. The clapping i reckon i so not in high school so no love. A higher bar i have to reach. Ive got you. Is in eighth grade. He was active in eighth grade or to get a resounding[inaudible] but its okay. All affaires is a simple resolution he was sgt. Can you get those from her, please . If you guys are inches in the unsecure copy swing by the office and will be happy to get you that copy. This is a resolution that urges the poa and the commission to support the implementation of this policy. It was passed with unanimous support without objection, on the imperative agenda which means it has to be unanimous. Just as a reminder, the updated use of force policy is i think this is obsolete critical. When you say at this point it really residence. It supported by the United States department of justice. The United States department of justice, the Mayors Office is on board. In supporting it and endorsing this policy. Earlier in the month when we invited the doj to come in and do an evaluation and audit remember windows 272 recommendations were made the mayor said we are going to accept all of them. So the mayor is on board and a michael publicly on record the San Francisco board of supervisors is now on board each and every one of us. So i also would like to include include that that this policy that the pointed issue, it is interesting because policy experts have also upheld this policy could you maybe wondering who the experts. Theyre the experts made of the president obamas has forced 21st century policing. As well as the National Association of chiefs. I think thats also very critical. So we are really at a critical moment and i know the work is not easy, believe major weve all been in shouted out. We had our meetings shut down. On, cast out, yelled out. Believe me, im right there with you. But we still need to roll up our sleeves and do the important work. I know it is hard to so i just want to say, thank you an offer in hand with the imperative item that we got past. They critical moment in history and right now more than ever, i think its imperative for us to defend our identity. Our identity as San Francisco. As a city of st. Francis as i heard one of you say early this evening. We must make clear of our value. The same way we did on sanctuary city. The same way we do with protecting the Lgbt Community it becomes our boy stop. It must be consistent with our values and we must stand strong and we must hold logical and ethical policies. So its widely understood that the Department Needs some changes and thats okay. We will continue to get better. We are in this to get its not just the Police Department that needs to make these changes we as an entire city regret to move in that direction together collected so the changes that were discussing tonight i does one say theyre not unreasonable. Please, support the policy change. They confirm us. The clapping supervisor cohen i want to thank you, to remind everyone of your leadership early on when chief censor that we are generally engineered chief of force. You are [inaudible] to learning more understand washing acn generally a lesser house reminded of that because i justi make a point of not commenting on what is in the poa journal for number of reasons but i think you might myself and chief suhr was referred to as naive just in the most recent that was the word used to describe us that this effort that we embarked on was a reflection that we were just naive appointed people appointed or elected a people guy which is a Given Company of you with your leadership certainly craig suhr and his leadership on this letter and here know i appreciate your seeing it through and appreciate the work that youve done to have the support from the board of supervisors to this commission for all the work that we do. So i want to thank. Thank you very much. Thank you. [applause] another round. Okay. Sgt. Please call item. Item 3 update from the department of Human Resources on use of force policy discussion and possible action. Ms. Preston, come on up. Ms. Preston is a represented from the department of Human Resources who is been negotiating did i know that our City Attorney is here. I just want to fly for everybody in the audience there have been negotiations that of an ongoing because it is a bargaining strategy those conversations have been done in closed session to preserve the citys interest. That honestly if are negotiating if you think of it yourself and your negotiating gets another party given this is on television, we preserve the citys position by doing that in closed session to let all you know that that given where we are and that this a matter of concern to so many can we did at it on the agenda tonight to give an update on the fax that we can update on. A lot of it is still stuff going to be done in closed session but we did ask ms. Preston to come tonight and give us an update on where we are. So anything i missed their are. So anything i missed their City Attorney . Know that is correct. Anything appropriate is appropriate for closed session thank you said it. Welcome. Thank you for providing me an opportunity, for you again. We have some good news. As the president has just spoken of, we had our last meeting with the poa this afternoon. We were able to reach an agreement on the training proposal. So we have a tentative agreement with the poa on the training proposal which is great news for the cities to have it it is the citys position that we have reached a tentative agreement on our issues within the scope of bargaining. There are other issues that youre been discussing the we have not reach an agreement on what it is the citys position those issues are nonmandatory subjects of bargaining and were not required to reach an agreement on those issues. Therefore, we do have that agreement on issues that it is our position that fall within the scope of bargaining. So i think thats great news. Over the course of four months we met with him several times. Weve reached six tentative agreements. A large portion of the policy as you note was agreed to by the poa prior to i will say the knots and bolts of discussion. So out of like i said out of the things that have been discussing the majority of the policy has been agreed on on issues we believe have a legal obligation to discuss with the poa. That is my report. Great. Ms. Preston, the next step would be what for us as a commission . I would advise the commission to have that discussion in closed session with counsel and counsel and i will be make ourselves available at that discussion with you in closed session. One of. Are there any questions for ms. Preston . Mention training under mascot agreement but some of the people have been asking sparrow that hybrids of these negotiations but why couldnt we just started training since 9 of this dg oh is in place. Why can we start the training since we have 7000 officers to train we like and we start the process and with the we needed to add at the end whichever way he this thing the commission does the miserly only one issue. Thats a question probably for the better the chief in terms of training. I dont know if its ms. Preston can answer . I might not characterize it just like that but what i will say the issues we discussed with the poa as it relates to training we felt some of the issues they raise did fall within the scope which is the reason it was important for us to reach an agreement and we did so this evening at 5 pm. Yes. I just want to say, obviously to this Commission Training is incredibly important and so it is significant i think that we reach an agreement with the Police Officers association which is within the scope of this Commission Recognizes the changes we are making training is really essential that officers have what they need to do a very difficult job. I think thats great promise. Any other questions for ms. Preston . Dr. Marshall oh i think you for your hard work. [inaudible] you been working hard. We really appreciative thank you very much, thank each and everyone of you for the time you spend with me offline, online could you dedicate a lot of your personal time to this particularly the president and Vice President s without their participation we wouldve not gotten this far. So i just want to thank you and thank you for your commitment to making sure this streets of San Francisco are said. Thank you ms. Preston. Okay. Public comment on item number three . By the way i do not hear response about the other officer use of authorities would like to hear something from the commission tonight in flushing out that reports. Ive not heard anything but the carotid where we stand on it it if someone could update me on the poa agreed to not use that were where does the commission stands since theres a reason agreement that happen at 5 pm i guess we like to know if that is involved and its possible for us to know that because i think thats a horrible device that can kill people and proven to kill people and its not warranted as a method of subduing our citizens. Either way, we been called the audience now five times today. We are not the audience could we are the public could i appreciate you doing giving us that respect we are the public it we are not watching a show. A few. Thank you so much. Next speaker. Im sorry if i missed whats actually happened with this to some confused about what the dhr person said. I do want to say, let me introduce like im Yolanda Jackson executive director and general counsel for the Bar Association of San Francisco represent 1000 lawyers here in San Francisco. I want to say a lot of work has gone into getting to the place where we have. I know both commissioner loftus reference that. Theres been a lot of months that [inaudible] has given resources digging into this working with the Police Department to really spend a lot of time figuring out the right solution and we think that we have got to the right place. We think the doj got it right. We think that other cities across the country including new orleans, las vegas, philadelphia, dc and the interNational Association of chiefs of police got it right. It really is somewhat of an embarrassment than the city as progressive as San Francisco is struggling with this as hard as we are. I also want to say that the version of the use of force policy that went into the negotiation was originally drafted by the chief of police here in San Francisco. That means something right. I just want to say to the commission, you have our support you have our back and we know you have the mayors backing we know you have the doj back to me we know you have a super board of supervisors back. It took a very bold that a day or two ago on this. We hope that you all will do within your hearts because i can hear it what you are saying that is much make this happen to get these officers trained up and to let them use their judgment is a policy call scores was they get to do every day when there on the street and were not out there with him. And lets move forward with this very very big change that i know this commission is committed to good i hope that you guys dont back away from it because of this horrible pressure that you are getting. Thank you. Thank you very much ms. Jackson. Next speaker good evening and welcome i was going to get up and shower praise on the commission for what i think youve done get although i was arguing against delay, the fact that youve done in now at this point in time when the city the state and the country is facing with going on at the federal level makes is even more significant. But, im troubled by the dhr reports. It seems that negotiations are finished. It seems that on the policy you disagree and i am not sure why you not adopting it today. I thought you would be but i will say this. I believe that the commission cannot enclose session sit down with dhr to discuss what we all agree now is a nonmandatory subject of bargaining. I think its against the law in i would be happy to back that up but i really thinki can see a reason why he wouldnt adopt the policy tonight but there are legal problems with the proposal as i understood it and you should be wary of them. Thank you. But i will praise you. I figured that a great job. Wow. Did everyone hear that . Was praise at the end. Good evening and welcome back is there anyone here from the poa quake that speaks of violence and they feel comfortable spreading propaganda, telling lies, running as they dont have the courage to show up and back up what they have to say. They have, as dhr just told you, they have no greater legal rights than members of the public. This is not a mandatory subject of bargaining get it is your response would to set this politics its on here as an action item could da charges told you, you could implement this policy tonight. If you dont,with respect to the question of stopping shooting and leading vehicles, stephanie if you want to do the general order you can direct acting chief chaplin to do it chief gascon did and issue a bulletin that does not have the exceptions and implements that immediately. We should not go another week at this point [applause] and risk that someone else officer or civilian could get shot in circumstance that make no sense. Im disappointed to see this is on your as an action and do your advice that makes no sense to me. If that question, as she admits, is a managerial prerogative. That means you not only its not lawful to me and close second though the authority to act now to the poa does not a courtesy to show up, to explain their life could i appreciate we simply need to be honest about this. They put out a statement two days ago that claims the shooting at moving vehicles rate had gone down. You gave statistics that was [inaudible] they put out propaganda claiming that they only want an exceptional extreme circumstance exception for terrorist incidents but thats not what their language says. Their language says they want the exception that theyve always had. Last point. You have dozens of gen. Orders that are not going to apply in a major earthquake. None of them have an exceptional circumstance exception to get the poa is not objected to any that and you need to act. The poa has into a message tonight. They dont care thank you. Further Public Comment . Good evening and welcome. Good evening pres. Loftus, Vice President turman, members of the commission, director x and acting chief chaplin get im barbaralisa, but he consulted and i want to thank you pres. Loftus for taking on the blame of the poa. The video they put out was outrageous. I want to thank the members of the public who have spoken so eloquently tonight about the death of sheila detroit, but the death of michael moore. I too, know the michael mole family and adjust outrageous and disgusting it what the Police Association has done good i agree with yolanda, that was in that video appears to be conduct reflecting discredit and i hope something will be done about that. Then, i agree with john crew. What is on your tonight is an action item. We all expect that because there is no reason to go forward with more negotiations that you be taking action on that that item, today. The public expects it and it is time. So, think i sent an email today. Did you all get it quick okay. Thank you. Spews any further Public Comment on this week Public Comment is closed. I will address some of the concerns around any further people comment . I had the City Attorney stopped with an admonition that i think it was pres. Obama said we are a country of laws and that i think some folks here have actually been successful at challenging this commission, throwing documents together and putting them on agenda and voting on them the same night. So the fact that a meeting concluded today it was an outcome, there are notice requirements and rules around having the public view something before we vote on a. Just know that youve heard loud and clear from this commission where we are on these issues. Our commitment is that we follow the rules and the law as advised to us by the City Attorneys office. So we are continuing to do that and share what we can publicly recognizing that a number of these issues were not able to discuss tonight or act on tonight could i will note for agendizing purposes, its on for discussion and possible action which is often times how we would agendize an item to leave all options on the table it is in this opening its on for action this on a specific document that is attempted just for clarification purposes that. Commissioner dejesus i also want to point out the training has been one of the issues thats coming up in this and is the first i heard it reach an agreement. I did ask the question good can we just move forward on that . But im told i guess work to get some type of breathing good i can move on it or vote on a without knowing exactly what was reached. Thats where im at. Anything further, colleagues . This will be back on overly next week. Sgt. Please call the item. Item 4, approval of the Words Committee recommendations. Action. This matter i will defer to Vice President turman. Okay. The commissioner that attended the last matter for consideration of the medal of valor. I believe that we have before us a list of individuals in a specific category. I believe that list is also been submitted to the occ, who has thoroughly reviewed both the personnel files and Background Information related to each other those individuals and it is now upon us to approve that list of nominees for specific metals. Metals. That was over there quick the list is also listed for members of the public to see as well. So im going to be asking this commission to approve that list as it stands today. I will be, however, next week coming back to this commission because im in the process of reviewing one of the specific officers that ive not had a chance to complete my review yet where i will askriotously asking this commission not to award a silver medal of honor but a gold medal of honor. But i need to complete a further investigation and discussions the Commanding Officer around the. Commissioner dejesus i have to say. When this was sent to me was forging documents it bounced back i never got this until today and sometime this afternoon so i have been reading throughout the other ones and so this is quite a list. I cant say im repaired to vote on it could i have a lot of questions about the list itself. And kind of the ones that i have asked before, are any of these officers involved in any investigations, or being investigated, any disciplinary action or a court case against him and and are any of these officers involved in any of the shootings that weve had in the lastthe woods shooting, although shootings . Are any of these opposite is there . I do not have this opportunity. Director hicks are you prepared to answer that question . Vice president turman i can answer the question only specific to officers citizens complain. I believe that, yes, commissioner dejesus is asking a broader question. He was im asking for your [inaudible] yes, Vice President turman. We have verified the list. Weve indicated that the officers on this list specifically to the events to which they are being proposed and award do not have an open opposite of citizen complaint complaints. Thank good chief, are you prepared to answer that question . Yesterday i believe theres any action pending for any name on the list for any actions taken during thecertain since her nomination of these awards. When Dennis Herrera was on here there was a resolution. Its buried somewhere in our files but there was a resolution that we were supposed to bepart of this is worse was to be notified if anybody has any pending cases or actions. When he was on it this commission that had to happen to them as diurnal without resolution. I think its been revoked we have a resolution on this issue in the Police Commission. So im just think it needs to be checked. I dont believe, tells me we dont really know. Okay. So commissioner dejesus is not there to vote on this item. Other any questions or comments for under date from any individuals we the only question that i had was a similar one which is not whether theres any discipline many open officer involved shootings. Because i do recallmostly out of concern also for the officers and families that weve had instances before with a metal of our sermon was happening then it sort of cast a shadow over it. Im suggesting was still an open case good so it seems as though chief, was not also any officers on this was been involved in officer involved shooting incident that is not enclosed . Is that right . Or are we not sure . This list is pretty long. If we want that information we can look into it for you. Civil cases, to without that information to you sometime before the actual ceremony. It is scheduled in fabric. We can certainly do that. [cough] okay. Back to you. Spews vp turman this compact was for a final vote . And with all that information thank you for representing the commission on this good we look forward to getting the additional information. And he public on this item . Hearing none, Public Comment is closed. Sgt. Please call the items he was item 5 discussion of possible action to adopt a resolution urging the board of supervisors to authorize the chief of police to except furniture donations from galindo installation and moving services valued at 207,950. Action. Come on up. Good evening and welcome you. Good evening pres. Loftus vp turman commissioners vice director hicks. Chief chaplin my name is patrick young. On the Police Department grant manager and im here today to request that the commission adopt the resolution authorizing or adopt the resolution urging the board of supervisors to authorize the chief of police to except furniture donations from galindo installation and moving services valued at 207,950. Just to give a summary of what the donation is comprised of, there is 170 steel case workstations about a 151,500. There are 12 tables valley that 3600 and 75 steelcase cost shares at valued at 26,550. Two waiting room soft seated pieces worth valued at 1600 and five private office freestanding workstations with seeding doubt it 15,000. This furniture was offered to us from galindo installation moving services. The [inaudible] urging from marriott hotels. It was a facility they were working on they approached the San FranciscoPolice Department offering to give us the donation to us. If you have any questions am more than happy to answer them. Yes. Its a lot of furniture. Vp turman is actually the second donation from galindo in about three months that is correct. I guess, i am grateful. As we should be. But, its 207,000, 208,000, basically and i dont remember what the last one was the last donation, the league was around 18,000. Okay. Thats a lot of furniture. We are grateful to have it. Im sure the chief would tell me differently we did not need. So im sure we do. So, but is there any having to you have any idea whats beyond the motivation here . Not that i am questioning goodwill. I am grateful but im just wondering theres anything else we should be aware of . For for the disclosure weve used galindo in the past when we had to move units that are hall of justice location from the fourth floor to the fifth floor. But, they approached us after offering to offering to donate some furniture for the 18,000. We had told him if you have anymore, we are more than happy to take it. So subsequently they offered us this 207,000. We are grateful for the offer and we are hoping tothat we can get the resolution adopted that we can deploy the furniture two locations that we needed. Just to answer commissioner turmans question the working at the zero wasted no words this is going to a dumpsite. Its good for. Usable furniture. Its way better than what we have right now. So i mean that is thethe motivation behind the offer the first we have its way beyond its useful life. We have a lot of furniture at the hall of justice that is where the useful life has been like seven years and we haveits been going on for more than 14 marketing years now. So the cities [inaudible] our strategy for any the piece of furniture we cant use we will post it on the citys virtual warehouse site where its another department has a need for it they can, and may claim to that piece of furniture. Thank you. I do not mean any disrespect to galindo. Thank you. Maturely on question for you or city entered is there any limit on the gift amounts . The amount is the thing that were so grateful for but also just other any rules or limits on what the city can accept in terms of amounts . There are approval of minutes. If theres a furniture donation thats 10,000 or greater, that requires an accept and expend resolution and has to get past by the board of supervisors adopted by the Mayors Office. Theres no feeling . Not that i know. That make sense, guess. Any of the questions . Commissioner melara i just want to clarify maybe your fear that i assume there approved vendor for the city and county of San Francisco thats why you use them to move around, right . That is correct. There are other living vendors throughout the city as long as theyre approved vendor. Its not like theyre going to you and youre just using them on a regular basis outside City Contracting rules. If thats all, i will move that we accept the gift. Were the actually that we adopt the resolution to ask the board of supervisors to accept okay. Is there a second . Second. Spews anything to read before we take Public Comment . Lets go to Public Comment on this matter. Is there any Public Comment on the section to adopt the resolution to authorize the chief to accept the furniture donation we hearing none, Public Comment is closed. Sgt. Please call the vote. On a motion to adopt the resolution urging the board of supervisors to authorize chief of police took some furniture donations from oh insulation and roofing services, valued at 207,000 hours, loftus aye turman, aye marshall aye dejesus aye mazzucco aye and a big thank you to galindo could melara aye. The motion passes unanimously 60. Thank you. Thank you to mr. Lyon and staff of the Police Department and to galindo. All right. Sgt. Please call the item item 6 Public Comment at the public is now welcome to address the Commission Regarding items that do not appear on tonights agenda that are within the subject matter jurisdiction of the commission. Speakers shall just the remarks to the commission as all not to individual commissioners or department or occ personnel. Under Police Commission wills of order during the public Neither Police are occ personnel were commissioners are required to respond to questions presented by the public may provide a brief response. In a visual commissioners and police in occ personnel should refrain however entering into any debate or discussion with speakers during Public Comment. Please limits are comes to 2 min. Welcome back with her second next weeks agenda and item about closed session, to discuss the use of force policy, just to reiterate, i was in my hurry to get that ban out there in effect as soon as possible but its against the law to discuss matters that are mandatory that are not mandatory subject of bargaining in closed session. The aclu filed litigation about the. Excessively in england happy to share with the City Attorneys office. May have a mix here but the one disputed areas that is, whether or not there should be a exceptional circumstances language. That has to be discussed in Public Session at [inaudible] poa was here i guess he still doesnt want to do. Government about police culture. You are going to a conference of process with the cops report and his policies that need to be changed in training that needs be change and checked off. But you have to change the culture and you cannot think that nearly doing those things even with greater account about is going to be enough. Culture change is an organization to establishing and setting and enforcing norms that comes from the topic and to achieve the acting chief and the commission it when something is going on thats all right and intolerable that to call it out. Thats more important than ever. It really is. So that we have here are a series of lies that the 08 721 to establish a culture of veracity and truth open honest their dialogue we have to call lies, lies. But to make sure they are in Public Session talking about. You do not retreat in closed doors. When they make racist arguments, when a site as their expert, claiming that this is somebody that has some expertise, a man who is runout of the bay area for hurling racial slurs at his own officers, and thinks that is okay, this culture will not change unless you and unless the chief and acting chief call that out for what it is. With the poa has the paid consultantim running out of timethe paid consultant is making racist comments in the magazines that infects thank you. Next speaker. Good evening and welcome thank you. Father richard from st. Johns Episcopal Church in the mission among to introduce Don Smith Buhler from church of the soldiers also in the mission and we are brought some are better looking members from the coalition for justice for. Several months ago on july 6, we came here to speak about the case oflopez. As you may recall he was killed by sfpd almost 2 years ago. Initially, sfpd said he had lunged at the officers with a knife and that they had shot him in selfdefense. This was later disproven by two separate autopsies and testimony from eyewitnesses all of which showed he was killed by six shots to the back as he was running away from the officers. We explained to you that after the Police Killed him they violated established protocols and told the medical examiner to remove his body before the das office could independently investigate the crime scene. We repeated to you with da gascon had told us that because the decedents body is the bulk of the evidence, sfpds failure to follow protocol may have mayhave compromised his own independent investigation. At the following meeting interim chief tony chaplin said we taken the das word quote out of context. That the da quote and not expose concern about the removing of the body as we have reported. So the following morning i asked da gascon directly to clarify whether we had in fact misconstrued his words. He assured us that we had not. In a text message is sent both to me and to chief chaplin that i later forwarded to you, da gascon said he was concerned about the removal of the body and that sfpds failure to follow protocol have made his investigation of the meal cars of death more difficult and lengthy. I like to pick up where he left. The da had previously expressed the same concerns of immediate that these failures have constituted a serious breach of protocol. That has made his investigation of the meal cars more difficult and more lengthy. From our perspective, given up lies weve heard from sfpd from this case and from the beginning to camp limits for suspecting the removal of a meal cars body was part of a larger cover all. After coming to july we appeal to you in writing to this matter 06 wouldve received no response oh here we are back again. A meal cars case is not the allinone which sfpd is broken crime scene protocol. Support by Mission Local such creatures are part of an ongoing problem and District Attorney has with the police investigation, the shooting by officers. This ongoing problem is also noted on page 73 of the report of the Blue Ribbon Panel on transparency accountability and fairness in Law Enforcement. Breaking crime scene protocol isnt it can be derail a clinical investigation resultant of the officers going uncharged. As the das office states, when you move the body as the bulk of the physical evidence. That makes our job much more difficult. So we once again raise the concerns we brought to you on july 6 and subsequently emails and letters. The commission and sf pd preps the newly formed office of Police Accountability in regards to notifying the da when homicide occurs and in regards to removing a decedents remains until the da has individually investigated the crime scene these things need to be enforced. The Commission Must investigate the probablyofficers who directed the [inaudible] for move the body from the crimes and in addition to prepare comes after hearing this evenings discussion of the rules of the newly formed office of Police Accountability might seems worth mentioning a breach of protocols factors into criminal investigation but is not in and of itself determine to be a criminal offense. It wants investigation and some sort of action on the part of those entrusted thank you. Thank you. Its my understanding that we also filed a complaint with your department and that nothing has ever been followed up from on that and i guess we would like to know whats up with that quake public, and is not a place for back and forth but i can be for this Deputy Director of the occ mr. Balthasar is in the audience and he can answer any specific questions you brought the status of the current complaint. Okay. Thank you any further Public Comment . I just want to add part of the theme of thegroup is present today that we understand your job is different we understand the job of the cheapest effort were very painful youre taking it upon a lot of these issues. We know that there needed and youre taking the lead on it. But we want toi personally want to offer another take on the matter which is become to you because we know that you are the body regulates and achieve is also the body regulates the doctor is also the body regulates Police Officers and want to come to an understanding want to make sure that the community feel safe that we move on and from a lot of the issues what concerns me the most is that a lot of the issues that have come up that were in the past havevisit getting of myself and also the committee you no longer adjusting them. And we feel like weve even with the new recommendations coming up, that we are looking at forward but not looking at backward. I know this is a move that is more up to the operation of doing things better, but i think that in the best interest of healing the issue that the community has in terms of trust that we need to look back and i want to offer that suggestion and thank you very much. He was thank you. Can i adjust one thing thanks. What father richards addressed the body removal of the things that came out [inaudible] the second thing we talked about earlier initially your statements that were attributed to da gascon you strongly much like evidence tampering and cover all. Speaking with him, he said hes 100 confident that these are just system failures because the five numbers we called from our Department Operations under mona went to the people on call. That was the it. The cost of the canal. The body laid there until the decision was made to remove the body and old way in this particular case thats why we photographed scenes and market seems because oftentimes the suspect may still make it and be transported to the hospital. Somebodys not the good weather may go a distance and no ems medical Emergency Medical Services may work on them and move on. Theres a lot of different issues that play there. We are currently working to shore up the processes, but i made that assertion to you because there was some Strong Language attribute it to them they actually said he did not make. So i met with him before i commented during that session where these things came up and i met with him and he said absolutely, i do not mean and 10 for to sound like that. Nor did i say that specific language. Does it should it to me. So with that i also want to say also met withthe lopezs family and we discussed and they met with homicide. There have been ongoing discussions with the family and we dont justthis is not a closeddoor thing these officer involved shootings did we reach out to the families in all of these to talk to them. Im just going to say that we areim sorrythe da and has stated that hes going to be releasing some information soon going to step on his toes get going to allow him to do that but i just want to communicate you thats why i want to go on record to let you know we did not we do not disagree. We have issues but he did not use the land which i can open up the tickler meeting. So we are able to provide a brief response by way procedure so everyone knows, the role of the commission we dont harshly conduct investigations or are we part of the investigated just for the folks that come here and you have been speaking seeking redress with the commission it which is very appropriate thats what we direct your questions to the occ but did we direct questions to the apartment. We will be the finder of fact in the disciplinarian and for any finding of wrongdoing alleged against the Police Officer in this instance did it can come to is either from the occ or through their investigations working on through the internal affairs division. So because we played the role of quads i judicial role or will actually determine whether not an officer did anything wrong than what the punishment is, we are not part of the investigation at this stage, we will continue directed to the occ after the Police Department continue to feel free to come and let us know when what those questions but just for point of care petition but the role of the commission were not part of the investigation. Im happy to answer the questions you guys if youre still around after closed session. Anything further on this matter week no more Public Comment. Im sorry. I look down for second. Hello. Welcome. Forgive me. Good evening. Im here concerning my son i can. I just want to piggyback of what melia cohen said when she came here. About not making an uproar about community violence. She brought up Gang Violence but not all her children were killed in Gang Violence. Its Community Balance also. They were she was bringing up how the Police Officers wanted to make an uproar about please getting killed. I always said, why do we make the same uproar about our children getting killed. Im sorry to say, locum to the club. I dont want to be in this club. But i say, welcome to the club. The same things that are going on in our community and the mothers and the fathers of suffering as well as the Police Officers when they get killed and their families are being killed. I just want to say that. Also i would use the overhead. I was bringing up by my son was murdered august 14, 2006. Its going on the end of the year and its going into another year. 11 years so just like that lady said that she came here, we are suffering when our childrens death every day how she suffered with her friends that death and what she has to go through. Im tired of crying. I want justice for my child. Here it is, another year and i bring these names because you have all these things on my sons case. Thomas hannibal, harris martha, andrewjason thomas, anthony hunter, reese carter one of them is dispute you have these names. So you know who murdered my son. You have the evidence murdered my son. Do something about it. Thank you ms. Brown. If anyone has information into the murder of operatethere is still an Anonymous Tip Line 4155754444. This is an active case. An inspector in the Homicide Division is assigned to this case. If there is any information from anyone here watching him be please, do call that line. Thank you ms. Browne sgt. , please call the next line item item 7 Public Comment pertaining public on on all matters pertaining to item 9 below close session. Any Public Comment on this matter . Hearing none, Public Comment is closed. Sgt. Please call the next line item item 9 vote whether to assert the attorneyclient privileged with regard to item 9 San Francisco administered go section 57. 108 action. Collegelevel motion . Votes moved and seconded. All those in favor say, aye [chorus of ayes] opposed . The motion passed. Ladies and gentlemen we are in close session. [closed session]