Transcripts For SFGTV Police Commission 9716 20160908

I wanted to address the issue of bicyc bicyclist riding on crowded sidewalks i brought this at the sfmta to red restic. Im concerned that south side of Market Street from van nes to valencia. Is becoming more dangerous because bicyclist are riding on the sidewalks i will ask reskin riding on the sidewalk dont ride on the sidewalk as both a pedestrian and bicyclist i talk to them when i see them on the sidewalks please dont do that. I think the Police Department has an Important Role to play in making sidewalks safer through enforcement the prohibition of bicyc bicyclist on the sidewalk you can feed two birds with one seed. You can have the cops walking a beat along Market Street meating all the neighbors on market and talking to all ot bicyclists riding on the sidewalks we have bike lanes. We have to use them all the time. The second area that i think has to be of concern is grove street from market in front of the library. This is side of the street where there is burger king from grove to larkin you have pedestrians coming to city hall to get to the bart station and you have bicyclists riding on the sidewalk as if there is no room in the street i hope the police will do a better job. To keep bicyclists off sidewalks. Thank you. Good evening and welcome. Good evening commissioners im an advocate. [inaudible] i represent 10,000 peoples for the Bicycle Coalition. Im an outer sunset resident i have to bicycle in and pass through a jfk drive where heather was killed on june 26th. And another woman was hit and killed by biking enforcement. We need all the tools in the tool box to keep our streets safe. Automated street enforcement is one of these tools that has proven to work. There is plenty of information included in your packet from katie today all the bike education for Michael Patrelis that theyre not on sidewalks it doesnt stop were doing all the officers safety classes and this conversation were having with every single sfpd station it doesnt stop great work from happening it gives us more tools to keep our streets safe. On behalf of the San Francisco Bicycle Coalition im asking you next week to get this to a place you can all agree and pass this resolution because San Francisco needs this. Thank you mrs. Lee. Any further comment . Yes, sir . Come on up. My name is john jones my may my remarks please the commission. I have been an avid bicyc bicyclist i have seen bad bicyclist bad behavior on bart. I think there needs to be serious out reach to the Bicycle Community who consider it a matter of honor to flood the traffic laws. I regard myself to be an advocate for bicyclists they seed someone willing to obey the law and respect the transportation mode. I think bicycli bicyclists as a rule have the honor to do that. I think serious out reach need toss be done to the community. With valid means of transportation and not disparaged. The common behavior of bicyclist notwithstanding. Thank you. Thank you. Next speaker. Welcome back. The enforcement installing in San Francisco to be in every neighborhood. Not just certain neighbors. Number two , this is a supportive comment the sanctiti sanctity life that the police chief talks about sometimes and the general nature of his report of innocent lives being saved at all costs i want to applaud that. Thank you. Thank you. Any more Public Comment on this matter . Hearing none Public Comment is closed. Next week they will reinclude the packet with all the information included. I ask my fell fellow ners to review that. Were going to schedule it more nekdz week. I ask that everybody be prepared for that next week. With that, im going to take a ten minute break. We have been going for over three hours, so it looks like if my math is right we will come back at five minutes to what is it . Eight . Fi commissioner loftus were back on the recard and in open session you have a quorum. Call the next item. Item 3. Update from the department of Human Resources on status of use of force policy negotiations in meetandconfer process discussion . Okay. So we have director Mickey Callahan here. You are oriented to where we are with, by way of remind on july june 26th the Commission Adopted a use of force conferring to the meet and use process with the various laws attached to this process by director callahan. And occ who had been a negotiator to participate in that process and the commission asked for updates on there is mrs. Mary updates on this process. We have scheduled today as we have done in the past an update in open session and in closed session i will let director callahan talk about the way were going tonight. Good evening and welcome. Good evening commissioners thank you for the opportunity to speak with you director hicks chief chaplain as well. I wanted to restate a lot of the things i said before to put it in context the department of Human Resources is charged with the resposbility of meet and confer contracts and the use of force policy have been the union has identified, they believe, impacts that fall within the scope of bar againing when there are items that fall within the scope of bargaining we have a legal obligations to meet and confer that, which means engage in a good faith process of exchange idea, consider alternatives and resolve or not resolve disagreements. The city has reserved its position as to whether the issues in the policy fall within the scope of barg n bargaini bargaining, but, were engaging in the process of seeing if we can identify and resolve any issues with the agreement its preferable to engaging in litigation or prema sure adoption of the process with concluding meet and confer. With the risk of proceeding without the meet and confer process the court or arbitrator may confer we have failed in our obligation and we do not want the policy to be over ruled etc. So i want to confirm with you, my understanding that this is a very high priority item that the commission i have been directed by the commission with my staff to move with all possible speed to complete our legal obligations so a policy can be adopted the outcome is either a policy is adopted that everyone agreed to, both the poa and commission or we have concluded our legal obligation, determined no agreement is possible we reached impasse or we may argue that the issues are not within the scope of bargaining that remain and the chigs would move forward with implementation. It is our goal given the pace of meetings we have set to conclude this process at the end of september although, were precluded from having a deadline because that would indicate that we were not necessarily bargaining in good faith. Im here tonight with employee directors with sam and michael from staff. And you know lawana preston is on vacation this week which i accidentally approved. You got the management right. They get vacation and think they get to use it. And susan has been attending the ameetings since late july during closed session she will be able to answer specific questions i wanted to let you know we started meet and confer on july 19th. And met five times to date. We have three more meetings scheduled we hope to see you again next week for another update because we will be meeting before and after your next Police Commission meeting so we are trying to move quickly to resolution or you know, if unfortunately we dont reach an agreement we will have at least completed the process. The issues just brief la that the union has identified concerned there are about nine issues some of them. Have been debated publicly at Great Lengths i wont go into them and a few in closed session i would charac r characterize as drafting issues etc. We hope there are some things the commission will be able to consider favorably. Either way we will take the direction from the commission and take it back to the bargaining table. I want to commend sam ramarian who has been very much involved in the process and give us guidance to what the commission would not find acceptable and chief staff lynne in his staff have been helpful to us as well staffing the process. I want a follow up question. Some of the advocates are very invested in this. And transparency is a huge part of what we have been a huge part of what were endeavoring to do. The question if you can speak to your experience the law especially in San Francisco. Does not allow for everything. In closed session. If you could explain why you believe its beneficial to have those conversations not in the public view when so many of these have been in the public view. Certainly it will be to the public view for the commission in all. Labor negotiations involve strategy and if then scenarios and discussion of legal issues and potential outcomes and positions that the employer may take. Having a public discussion of our strategy with respect to the poa would mean were transparent to the poa that is not considered good labor negotiation strategy. For other labor negotiation strategy we debrief the Department Heads involved and previously we brief the board of supervisors and those have been in closed session that is so we can get direction without exposing internal deliberation to the people were negotiating its similar to the Police Commission negotiating a lease. Because of this, its one of the few reasons that closed sessions are allowed to for governing bodies and agencies commissions such as yours. Im sure my colleagues have questions for you it is a little bit we intentionally set the agenda to have open as well as closed session with this. As we brought so many people along this process were explicit about the approach were taking why were dpog into closed session and what the process would be. I have been very anxious for this policy to be finalized as i know my colleagues and Community Members are. Not only actually i shoild say more so after going to line up and speaking with officers i think confusion around the state of this poll sigh its confusing for your average person at home to say i saw the commission approve this and a discussion of meet and confer and where is it at . That is for the public to be confused and i have a concern that our officers are not clear. And that is not good for them and the public and i know you appreciate that. I have to say while july 19th. To september is not a long time in labor negotiations this commission feels there is urgency to completing this process i appreciate your counsel and role to make sure we dont make steps that would put our position in further jeopardy to get locked up in litigation not that we reached a disagreement which is a possibility we could end up in a significant fight because this commission feels strongly about a number of issue were talking about, that is a strong possibility. Im concerned we have the unforced error where we choose to go too fast or skip a step and end up in litigation im happy to hear you say that you have been meeting regularly and that accept this is the month. There is going to be an agreement or there is not. I know you have to be somewhat good with time line but we have been taubing about this policy for a long time the issues are clear, delineated we need to get this finalized. Colleagues . Any questions or thoughts . Thank you. I have to say i read your response to us, we realize were at a cross roads with transparent here many public mes have given us positive feedback and followed this closely we know the poas position they made it loud and clear. Its clear these are either particularly Public Safety issues were trying to avoid. The kor rod corrodic hold in there which, which can easily slip into a choke hold which is banned in many states which can cause death. It comes down to a Public Safety issue and management issue we have here and shooting at a moving car the best practice is not to do it. Were moving in that direction to follow the best practice available and the danger of sho shooting citizens people on the street, children, babe ees dogs dangers are really high. Again, that is a Public Safety issue and Public Management issue i see what are you saying and understand the strategy i wonder first of all, if theyre bargaining in good faith i hear i dont know if its true they make Public Statement statements no one has to use this use of force theyre arbitrated dont worry dont bother i understand theyre making statements like this it leads me to believe theyre not negotiating in good faith and go to arbitration and drag the process out one of the consequences for them. With these types of statements let me just finish how do you go about getting consequences on them for bargaining in bad faith, if that is the case. So, to respond, i think that they do have an obligation to bargain in good faith. For examp example, one reason were driving for a lot of meetings we never miss a meeting, r we never con sell a meeting because were going in record were bargaining in good faith. If not they make a charge and go to Civil Commission services because of the unique structure of the police. I have before filed charges against labor unions for pair gar banning unit however here i hear very much the urgency that you and the commission and members of the public are bringing to the table to get this done. Whether theyre bargaining in good faith or not were going to bar gaun bargain in good faith. If we fail it will impose a policy to be contested. My goal is to do our part to bargain in good faith if its transgent it could mean we conclude it is a suggestion on certain items under any circumstanceses ul would agree, etc. As for the pun public announcements i did call what are the statements im hearing about . I was given an assurance theyre bargaining in good faith and the comments are taki taking en out of context they know we bargain in good faith and we expect them to if they stop bargaining or have no meetings available that puts us in a different position in of Going Forward with an agreement we have waved our opportunity to go for a bargain. I think we have answers here we could potentially be seen not in good faith. So i get that were putting the chief and this whole dependent and the whole city liability at risk while we have this policy in place that is 20 years old. Shooting out of a moving car using corroded restraints. That is sitting out there while were in arbitrating and im concerned about that. And i think our community of stakeholders are concerned about the lock longer this drags out the higher potential we cold have a type of incident and [inaudible]. Thank you. We will report back to you. Having ride your arguments pi first conclusion is when i heard you say is what i wanted to hear you you say today by the end of the month, you will give us a report and whatever that report is, whatever that is i havent had a time i heard september 30th that is great. Were all concerned its a policy we approved and would like to get done i have faith you have to have a lot of faith in [inaudible] i know that you said this before i know what you would like to see happen im fine with waiting until the 30th and i look forward to seeing where we are, where ever we are. Thank you. Commissioner hwang. Can you say anything about the poas position and you identified there were nine issues they identified for discussion. I didnt know there were that many. There are one of them is a typo to be corrected we identified that as an issue they used the wrong word we think its the wrong word we will ask you is this the wrong word and will you let us change it . That is the simplest. That is one of the nine the two probably most difficult ones has to do with the corroded restraint and shooting discharging of firearm of a moving vehicle. There are other issues reassessing between shots repeated use of force, some language about i would say its primarily in the area of theyre not really sure what it means and they want to understand what it means. Thats what theyre saying to us were saying maybe there is simpler language that the commission would be willing to look at that makes it more clear. I think while there be many issues people feel strongly not in agreement i think what everybody agrees you want to be understandable to the Police Officers that comes naturally and automatically and they can be trained on it so if theyre comfortable with it they know what is expected. And very cog any centauri of cognizant that drives us to a solution. I hope that answers your question. Im hearing two policies with the corroded restraint. Theres a penal code. 3035. Right. Whether that can be there. We would like to discuss that with you, what it is that supervisors are supposed to say to individuals who are in the middle of an incident where the officers are talking to the officer, what should be said. Those sorts of things. So there are the big issues you have heard about and if we can see how far we can get with the minor issues that will lead the way to the resolution of the larger ones or we will identify there is no resolution possible at which point we report that to you. And you ma make a decision have we completed bargaining and come to a point of impasse where were not going to reach an agreement. Last question if this goes into your strategy, feel free to let me know there. Is there a possibility where you would come back to the commission in september and say theres a partial commission. Saying yes, we agree on 80 this is locked in and the other 20 we didnt agree upon and put it before the commission. Is that a possibility or all or nothing . I think that is possible. Much of the policy is already not contested so having concluded negotiations if there are, lets say, 2 or 3 issues outstanding we dont feel we can resolve the Commission Decision might be to some extent Strategic Decisions to some extent what you need to do for the good of the public would be, do you mend the policy and move forward and keep talking about the other issues again that would be one option. Another option would be to say if we report to you we reached impasse and there is no agreement we completed bargaining and going to go forward. At this point if there are contested items the is we might go to arbitration and we might or might no agree whether it goes to arbitration. Its a secret i prefer not to go to arbitration on this. Labor arbitrators who would be the arbitrators are not experts in police use of force theyre retired hr people like me im not retired yet but you get my sometimes i consider it. That is an option. I, like you i appreciate the role you are playing is its a cautionary tail with an arbitrator were not the final ashters of the policy the final arbitrator is the arbitrator. I think you are hearing where the commission stands on how important this is. And chief chaplain put on a bulletin with a lot of these concepts with 80 that is a start. But its challenging for officers too. That can be somewhat confusing. Commissioner dejesus did you have another question. I did. Penal code 835. Poa and their advocates over many many months 835 need toss be part of that. We have had this discussion for month months it was unanimous to not include that. We have proportionality, time and distance sanctity of life. And they want to put stand your ground at all costs to be an aggressor and right to self defense that is contrary to the language we put in there. One of the concerns we have is, i agree we dont want to go to arbitration but we want to to enter into any agreements into the policy we put in place. I want to say its a pulley tactic to try to agree and make concessions on certain areas of the policy to threatening the arbitrary i would hate to go to that but if we need to we need to we shouldnt back down for a compromise on the agreement. Are you suggesting were bullying the commission. No. But this is to get concessions out of this commission. One of three to get something out of it. So good faith on that. As all three of these are all significant items that we voted unanimously on. I think we need to listen but i think the agreement is going to significantly change this policy we might have to go to arbitration im not trying to reach an agreement just to reach an agreement. I understand that. I dont think the choices are limited to we reach an agreement or go to arbitration. I 30 theres a real possibility we cant reach an agreement that doesnt necessarily mean we go to arbitration that is my view. Commissioner marshall. If we have the part that still remains that 5 is the only part that has to be negotiated. To come to Common Ground that is meaningful to the public and Police Department at the same time. There is Significant Movement poo frem not part of these negotiations from outside and im lerry of sources when theyre not named. But when we sit in negotiations i have sat in on those negotiations there is Significant Movement. Mrs. Marin is in there advocating and bringing the perspective from the other side of the table to negotiations i dont know if anyone has sat in a room and not spoken on good faith. The negotiatio negotiationers from callahans office we pushed the hard line and they pushed back. The reality is, if we can get to a point where were not tied up in litigation in court. And people talked about need to get this policy out it doesnt do any good sitting in court 12 years how many times do we see something happen that could have been avoided. I heard it when we first started this process and got 8 of this thing passed. So we go in the room and the doors are closed. Thats when we get things done and i think the process Going Forward. I dont think we lose anything by doing this process i think if we waife went other way we lose a lot. Thank you chief. Commissioner melara. I wanted to thank you mrs. Callahan. Theres a sense of urgency there is no doubt about that. With the community and stakeholders the Bar Association the occ we have had a lot of participation the aclu one of the things we did learn in the visits to the station we should move quickly and the officers want change they see selective bargaining for more of their side of this issue one officer told me the aclu and the Bar Association are not going to be on the street dealing with a person in stress officers this is an opportunity for them to put forward their position with change which is what the community has requested. We need to be cognizant of the fact that one of the officers is a senior experienced well respected officer we have to get this right because changes in place may get worse. That is selective bargaining thats why this process is a process that need toss work in doubt the officers want change. At the end of the day theyre the ones that have to deal with it on a daily basis every day for 25 years we have to respect that. Thank you commissioner mazzucco. Sorry. Commissioner melara. Okay. I feel uncomfortable trying to put words in a process. I dont think thats our role right now. We have no voted on anything yet. When you bring us the report, we will decide what we want to do at that particular point. I know we want to see a process move forward, but i dont want to move it in a direction that we potentially end up in litigation and end up waiting another two years so i have a trust in the process. I have been in this process through this city and i think it is important that i dont want to tell you what to do because you have a job to do. And when you bring us the results, thats when we take a vote and we decide what makes that [inaudible]. Thank you. Correct. We voted but. Okay. Anything further before we go to Public Comment . Okay. We will hear from you again in closed session and talk about strategy. Thank you for putting a date on it. Yes. Its an arbitrary deadline. Thank you. [multiple speakers]. That is better than what we had before. Thank you. Public comment on this item number three. Welcome and good evening. My my name ih my name isi m. Appreciate not comparison to businesses and leasing a building this is government the publics purpose here is to have everything out in front. It is not a business deal. So those analogies are repaid for and tiring. And to have director callahan say what the nine are. I counted six heritage shooting child, cop and three more that is not been made if you say nine things we would like to know what the nine things are. It does not feel like the poa has ever bargains in good faith if we have to get arbitrary commissioner loftus to get experience there. I would like to know historically has the department of Human Resources brought poa in San Francisco ever . Because i would doubt it. I think we have to push back on the poa here dont worry about the Police Officers we got this under control for you. That is not the message we want to send to the police and the police dont want it either. Thank you. Thank you. Next speaker. Good evening and welcome. Allen. Dos aclu i think having a deadline, that is not a deadline is comfortable but i dont think anyone can assume it in this situation i think some of what is presented to you is disturbing and i expect that you will have give and cake with director callahan in closed session all right you havent decided it. I oppose that. I like to give you my thoughts on what you should be asking her or thinking about. One you are the client. And the strategies decisions that are made are for you to make and i know you all know this well and i take you at full faith and the urgency you feel, but if you allow labor negotiations to go on on fundamental policy issues about the use of corroded restrains or shooting from a moving vehicle, you are jeopardizing lives we know what the poa thinks. The poa thinks and theyre entitled to their opinion that both of the decisions you made jeopardize the lives of offerses and the public you ri jeejectedt the decision has been made its unclear from director callahan whether corroded restraints and shooting from moving restraints should be on the table it should not be on the table. You can discuss the impacts but the poll cease made are our decision and i think we should take those off the table. I think there is a solution and chief chaplain has given them to us. I think you should issue a bulletin, identical similar to the one you already issued saying we, the department, and the Police Commission have three principles were banning corroded restraints were banning shooting through vehicles getting rid of this archeek penal code section. That shouldnt be bargains about. Thank you. I have a question for you. So one of the things callahan just told us was f we do try to implement this 20 it should show were not bargaining in good faith it could be a backlash against this commission and stop or policy. Maybe i Miss Understood her but. You can answer the question. Nothing you do or director callahan can do is prevent the poa for asking question the reason i believe you are bargaining in good faith these are as pure policy decisions as you can get. As director callahans statements is a fundamental policy statement has impacts on officers, that is subject to bargaining that has to be wrong rngs means every general order would be tied up for months that would mean when the cops reports come down 200 pages full of recommendations you will adopt the poa according to the bargaining strategy will tie that up. That cant be up. Finally, you know theres a view in town that the poa has runned this department and if this bargaining strategy feeds into that notion the officers had their representation the poa was out in force during or working group in session they dont have the right to have it behind closed doors. Mr. Callahan he can address this if we implement 20 and go to arbitration and if were ruled against, why dont you come up here and share the podium. Great. My greem. [multiple speakers]. You can articulate what your position is. I want to make sure im answering the right question. You would like me to clarity what would be our view if we fail to Reach Agreement and the Commission Moves to implement . No immediately implemented it . The 20 which is con interested. Yes. [technical difficulties] you can answer the question if they implement the 20 they dont like it and were ruled against. We might disagree that it is appropriately before arbitrator depending on what items are included in it and disagree. Windows Case Scenario we implement 20 while still in negotiation and we take it and get ruled against we get a cease and disist order . The court could implement 20 if its ruled we have to go to arbitration its going to take eight months, at least. It might be helpful to take the poa out of it. And what their decisions are again, im big on what we can control what we can control and cant what we cant control. Were you are working for us, you are our client. With the meet and confer if it effects working conditions call me crazy you can no longer shoot at a car and use the corroded restraint. For any officer that effects in working conditions there are rules in place that allow workers to collectively bargain even if we dont like them very much. So, i would like to clarify that i believe our obligation is to follow the law and follow the rules and not worry about things we cant control which is the actions of the other parties i dont have any further questions for you. You take that and not in recommendation. Thank you. Next speaker. Good evening. And welcome. Hello Kevin Benedict here on behalf of the blue ribbon panel. We want to focus tonight in one issues which is electronic Data Collection. Were known for the written commission of the use of force logs which is identical to the language of use of force logs in the 19 tonight 5djo and hope as the commission continues to move to this process it can take the opportunity to allow to make a change for electronic collection its our position that we should mandate electronic use of force words can be changed to use of effect for this before the use of commission previously Data Analysis is important at unlocking steps for allowing to advance software for Data Analytics for transparent and accountability and interventions for command staff and makes it easier to comply with state law requirements and can lead to better policing. All of these benefits need to have the data to function its a prerequisite and we believe this may nor change could enable those positive benefits and presently, lead to 5. 01. Were excited to work with the commission as a resource and plan on reaching out to the Bar Association task force how we can be of use of them on Data Collection and analytics. Thank you for your letter. That is a minor but important change that is something we can talk to mrs. Callahan for that type of agreement to talk to the commission too. See if they agree with that if she would negotiate with that. Data is the most important thing is add collection and have it electronically its important its too bad we didnt catch this before we voted but there is an opportunity to catch it there. Thank you mr. Benedict. Good evening welcome. Hi im from the Bar Association working closely with many of you in the last yearandahalf. If i have learned one thing i learned what comes with reform is reform and culture and culture effects every aspect of policing as we have known it whether its with the rank and file with the poa or whether its with negotiations. This commission has done a couple of important things i wanted to commend you for, one you look at this meet and confer process you have asked the department of Human Resources to explain to you what this is about and the second thing is you spoken clearly about a need for a use of force policy and you want it quickly you formed a Stakeholder Group i was a part of. We worked really hard. Police officers were there every sing meeting Police Officers have been there every single time. We have listened to them and made many changes because of what they had to say. Then in the final days, commissioner loftus asked sam and i to meet with the poa and in two days we accomplished a great deal its more than 80 we agreed on i would say its closer to 90 . When i saw the meet and confer process took longer than i expected and i longer than you expected i called mike from the po and and asked if i could join the group as you all recommended that i do and i declined he said sure, come on i asked sam ramarian. She said sure come on. I heard that the department of human resour resources that i couldnt. I was willing to lend a hand because i know this policy intimately and the time we spent and the time we spent with the poa those two days was well spent they did listen to us we listened to them and we accomplished a great deal. I can listen to you in any way Going Forward. Thank you mrts chung for all the hours of work you continue to do. Next speaker . Welcome back. Thank you. Nine moss after sfpd after the execution and jessica mill son williams the people of San Francisco deserve to have a use of force policy that protects us from a racist rogue violent members of the San Francisco Police Department. I think calling Niki Callahan is the wrong party you need to bring party in front of this group. Sfpd contribute 150 per paycheck nearly 2,000 officers 26 times a year that is 7. 8 million budget to buy the silence of elected officials and impede progress and trust in the Department Many sfpd do not support the sfpd because they receive legal representation if they violate law from the sfpdoa this time the commission break the power of the commission by offering Police Commission options they can ensure themselves in case we need legal representation for example requiring the officers to purchase their own insurance which would also encourage them to follow law and policy perhaps after contributing after an entire career they could receive all the money they contributed to the Legal Defense fund back as part of their retirement that is some of the ways we consider our Health Insurance we get many different options to choose from. Why would the sfpoa be the only surer of the San Francisco Police Department members . Next spear. Hr director callahan just said the poa determined which use of force are labor issues the poa determined that she went onto say, even though city is reserving its position that seems like a very flight thing. The meet and confer is a legitimate process here to argue that any issue that hasz an impact on officer safety is there by ipso factor is a laborer issue you have to make room for the poa in your policy discussions this is clearly a second bite at the apple for the poa which is well respected already in the Stakeholder Group in the first place. If you guys dont have the moral and intellectual courage to demand a unimouse votes what happens from the grass roots can instigate a lawsuit against you. We will let you know. With your duty to make policy and allow president oa come in with policy to come in that is the direction were going to have to head in. Thank you. Next speaker. I have been giving this a lot of thought and i believe the Police Officers association is not a monolith. 8070 of the officers are honest, hardworking people doing an extremely hard job and want the department to do the best they can be. Are there racists . Yes there are. Are there home homophobes . Yes there are. [inaudible] it would be basically under cutting a person and especially egreasing at the time chief sir could not defend his because he was under so many investigations he was unable to say anything in his defense and i didnt heard anyone raise a voice in his defense he has battled with every agency in the city he has gone to the mayor because he didnt like the tone. Doing their job their constituents demanded they ask and so forth when it moves from an organization dead fending the rights of office to an organization defending the atacts that undermines their authority then we have a problem. Who is running it . Tiberis caesar found out once he put a couple of people in charge he was no longer emperor they were running the store. Next speaker . Good evening welcome. Hey. Briefer xhant. Commissioner mazzucco said the publ mrufrs needed that opportunity to comment and the public is not given an opportunity to comment on this part of the phase. Like wise while we understand officers have to deal with the consequences of this every day so do the members of the public. Public safety is not less important than the officers, which seemed to be implied by your statement. I have a couple of questions and suggestion for chief tony chaplain can the Police Department move forward on a policy before all of this is sorted out to try to get the majority to get concerns intoo into training and push through for officers . The second thing is a suggestion that this commission should try to litigate. Whether the Police Officers asocial security yeegs had the right rather than sending them to arbitration. You have a lot of political goodwill behind pushing the case against the accomplishes association. Right now from Community Grass Roots support. If they want to make this a contracted legal fight they will receiver consequences in public for that. I dont think its an advantage i think you should call their bluff. Finally dejesus referred a document about ground language if that is publicly available. That is the penal code. Okay. That is not part of the negativeses. They wanted that language in there. I see. If there is a document referencing that fact they wanted it in there. Yes its in the use of force policy we discussed on june 22nd. That is like a version of that . Yeah. Thank you. Thank you for clarifying next speake speaker . Welcome back. Thank you my name is john jones. The stakeholders should be branlted granted more that two minutes to speak its untimely to turn the mike off. Thank you. Thank you. Next speaker . Welcome good evening. Good evening commissioners director hicks chief chaplain i think this is an important issue coming before you. I worked at the occ for 15 years and meet and confer is supposed to be meet and confer not meet and greet. From a concerned and informed member of the public it looks like the poa is attempting the hijack youre Union Support policy just as theyre trying to hijack your choice of police chief. Im concerned. I think you need to deal with this head on and its really inappropriate let this use of force policy go for so many months without immrenting this. We hear from julie tran it shouldnt be meet and greet it should be meet and confer. Thank you. I wanted to give you some suggestions for closed session i wanted to point out the stakes are high. And performance in this department. If you suggest were going to get 200 recommendations from cops were going to be half dead before we get through it. If you allow them to hijack the process and delay things, there are candidates watching from around the continuee wondering if this is a town they want to work in. And you are greatly disincentivizing them coworking with this process. Question one director callahan said things can lead to impacting working conditions. Literally everything this department implements jour poll sigh implemented could lead to discipline. That means there is no marginnage jerial the delay creates that risk. Theres a training block as long as you have that ban in place about four hours you cant use it for others thirngs and the poa is preventing the process from doing that. Lastly this is not just Public Policy decisions. Public policy is used how our powers should be discussed in public. So the public understand them and can support [speaking off the m ] mic]. Have you spo spoken on this item . Okay. Welcome. Im agreeing with two lawyers i would normally never agree with shocker number one. Secondly, this is poas 117 bite at the apple. We have waited long enough. Their time to take policy in this city is done. Theyre no longer in charge of you and you need to express that. Again , this is the same point i think you have been beaten down so long by the poa in this town you dont understand you have the power over them. You are the boss of them. Theyre not the boss of you. Thank you. I really endeavor not to respond for a number of reasons partly because i respect that everybody has a viewpoint and part of this forum is you get to express it. I say to my kids i dont control what you say, that is up to you i just do my best to listen im listening to the gold for something that is going to help me do this job and serve the city that i love. The people that sit up here have day jobs. They have families, they have children, and let us all remember theyre human beings if were endeavoring to make this department the best in the country lets remember were all human beings what i care most about is making effective sustainable reform which requires everybody. It requires you guys it requires people who will never come to this commission and stakeholders across the board. What i want to say is, we change this process, this commission to highlight all the issues that you all see. Transparent and sausage making this is what it looks like. Before, policy would come to us after meet confer with poa. What we decided to do. Is recognize while the rights are on the back end we have the sam ramarian includes stake Community Stakeholders for one reason we thought it would put us in a stronger position to make the best policy possible knowing there are rules. What this commission has endeavored is to share the rules were governed by the. The facts the law what this commission has layed out. I will ask while all of you in this room and people watching at home your leaders people listen tow. When you say this commission has been hijacked by the poa, that is not true that is actually giving power to an entity you have major issues with. I would say were in the middle of this process i believe this this commission i believe in this department and the direction were going in i would ask while we feel passionately about these things we have to follow the rules that is important that we know the rules follow the rules and get this right. Anything from my fellow commissioners. Very well said madame chair. I appreciate the passion you bring here. The knowledge and the time and the passion i agree there is a balance what i hear from you loud and clear is these things that are important and this Commission Voting unanimously on we need to agree with that decision. We speak harsher and i think this Commission Hears you too. Sergeant please call the next line item. Chief of police action. reading . This commission did put out the bid for a Recruitment Firm for our chief search. It was the very important time for the department. It was important that all candidates be considered and recruited from across the country. The only bid we got was from. Ralph anderson and ayosemite sates congratulations. Thank you. We voted to accept that one bit. And were here tonight there are a lot of questions about the process thewith what community has done and surveys with that, i will welcome you. Thank you. I will let you know where were at. Members of the Commission Director hicks chief chaplain thank you for having me tonight. I will present a summary of the public process that started in july. Just to recap how we got here. As you all know the commission has charged with interviewing potential candidates for the position of chief of police and to submit three names to the mayor for his consideration back in early in july i presented a draft here at the commission that would advertise for the position. And draft of surveys for the community. The pun public had an opportunity to review for the public surveys i want to thank Vice President pro tempore turman and commissioner melara all commissioners provided input but specifically those two commissioners your feedback and Energy Helped shape the brochure helped capture the reform piece and captured thechart character here. Theres a public process. Without being redundant, its a multipronged approach. Aimed at sol is itting the characteristics for the next few place. Like one said earlier three Community Meetings were scheduled. This that is from the Community Survey for all the stakeholders we set up an email address at Ralph Anderson to receive Additional Information for folks not in the survey. Before you is a report. A public process report with executive summary. All of the survey and answers all the comments made during the entire process. In the survey rounds the entire report can be found in Ralph Anderson. Com. I will provide link to the commission so it can be accessed here and i brought several executive summaries i will display on the table to my left and access to the public. All right. The public process. Like i said Community Input meetings hosted by the commissioners and facilitated by young people from the Community Department surveys Available Online and each Community Meeting, we had the surveys in english and five other languages like i said, before they email it to us. The public process out reach. We enlisted in the police Commission Staff we used contact to organize Community Input meetings and Community Input survey and email advertisements were dispersed throughout the Police Department, city mail. Again, earlier i heard folks critical of the out reach process. We had over 770 surveys answered. They answered instead of going to the meetings that is another way to look at it. The five Community Input meetings. Earlier someone would add. The [inaudible] community room. Mission high the center and ste. Marieries marries it was an informal process and dialogue in the community but the Community Members engaged each other in dialogue the information from the meetings were reported by young adults and sometimes mission ners and sometimes me. And that information was reduzed to a reduzed to a word file and we analyze that information. B what you see on the file is a word file. The most common words uttered at all of the combine Community Meetings we extracted those words about the characteristics of attributes of the police chief. Several people here attended several meetings were reflected but a little redundant. Thats what the process is all about. I think my 4th grader knows how to do that but i dont. That is a way to make a visual graphic of the words that came up. Those words are not arbitrary those retire words that is the highest. Correct. Most frequent. So the xhoes common words expressed is community, experience, accountability training the Youth Mental Health and kill skills. Lets take a look one at a time. I wont read it to you but the community piece. The chief should be a good communicator and accessible and engage in the community and community focused. Should be a reformer accountable in the community, and supportive of the community. Needs to be a collaborator who can build relationships and have a record of working with the youth. The new chief will deal with Community Violence that is another piece the crime aspect they want the police chief to deal with crime and understand the complexity of serving the mentally ill and homeless. Experience. Should have experience with the Department Job assignments and demonstrate leadership with comprehensive reform. Experience working with different groups stakeholders and should have tech savvy. It came up tenfold with the officers. While they differed on the amount of the chief should possess the frequent statement is there need toss be a balance of relative experience and education. That is the consensus. The commissioner should look at the complete person not just someone who just check the beox. Again, a strong advocate for the community. A good listener and again, deal with violent crime. Desire the chief engage the Community Serve people that are mentally ill and homeless. That came up over and over. The Community Weighs in on a train. They want the chief to review the train curriculum at the aka cad mee level to make sure theyre getting the right training. Training oon deescalation needs to continue. Needs to align training with practice. And implicit violence training is a huge suggestion. Accountabili accountability transparency and accountability. At the same time the police chief need toss be supportive of Police Officers not rush to judgment but hold them accountable for their actions. Some suggest the new chief will have to impose discipline and determine nate prosecution to gain confidence within the community. [inaudible] to understand the Mental Health needs. That came up several times understand homeless issue crisis intervention and advocate within the department and within the community. They also wanted a chief with a history of engaging and impacting the youth in the community. The prevalence of young people especially young people of color are afraid of police is a Major Community concern. The feeling that the chief need toss be involved at some level with the youth in the community. Then skills relation skills personal communication need toss be a master of all skills. That is the Community Input. The actual comments have been reduced in your packets and in the report online and its already online at Ralph Anderson. The survey. To rank the categories also provided a comment box on every question so the category we pick or they decided what is important they can write their own category in or their own attribute. So, full surveys were open between july 20th and august 31st. Lets talk about the community response. I was almost right 776 responses. 744 on the internet. 32 provided at Community Meetings br my officer kill shaw. And entered 17 annually at our office. About the demographic 93 responded were residents of San Francisco and over 70 were employees of San Francisco. The top five priorities of the Police Department. Respond anents to t community foreshadow and to the police. Emergency response was number one. Crime prevention and reduction Police Accountability Building Community partnerships ma maintaining public order and use of force were all within the top five. In the comment box, for each question we categorized them with the most frequent that are used. Top five priorities additional i gave you homelessness, mental illness, division 0, car break ins that are oun the downside and Police Training use of force deescalation use of force violence type training. They also asked the community to rate how safe they thought San Francisco was compared to the other communities and that question was a source of confusion because we didnt get a specific community. I will take the hit for that. The ones that did respond it was divided. So most folks felt like they are safe or a little bit about the same as other communities. Over 50 of the officers felt the city was less safe or much less safe. Then the kav yaccaveat to survey groups it depends on the area you lived in, jour gender, and your your gender, and your race. The top five attributes the community desired in the next feat integrity, accountability a strong leader credibility and a Problem Solver. Additional comment, respect reside in San Francisco which we cant mandate but frequently discussed in that survey, transparency and accountability. Another one is not concerned with political correctness. The top five Leadership Qualities on the next she sheet. Trust worthy accountability, understand diverse communities, Problem Solver, and giving back to community policing. Then again diversity and no militarized weaponry. Then we asked the community a priority question what the priorities should be for the next chief. Improving Police Training, connecting with members of the Department Review the effectiveness of all programs and forming partnerships in the community are the top five. The community thought it was important to assess the internal accountability model. Again, accountability being improved training, deescalation a lot of the same stuff. Several people wanted the department to require a College Degree for all Police Officers there are only 20 tour cities in the country that do that. Then the top five qualifications for the police chief. Again, experience in a Diverse Community is the frequent response responding to change, diversity management managing the community and reducing time to respond again, that is tied with performance. Then other qualifications that the community desired. Again, experience with a diverse environment, with the homeless there is an emphasis over experience than education a track record of positive Community Involvement and on this slide it shows an inside candidate on the next slide, talking about, is there anything else you want you think a Police Commissioner should consider when selecting the next chief. They said support of the public, someone familiar with San Francisco someone outside of San Francisco an outsider and accountability, someone who has a history of working with groups of color. Mental health knowledge, and with the police chief more path on the street. Thats what they wanted more with the community. Transitioning to the department survey. 365 responses 357 on the area link for the commission supported and additionally, we received 17 department surveys in the mail amphetamine production of this report. I reviewed those surveys and the information is very similar to the information we already received. I understand there is going to be additional meetings so if the commission would like a supplemental report just with those surveys i think its important that every voice is heard and willing to produce that additional report, that informati informati information, if you so desire. Yeah. That would be great. If people take the time to fill out the survey on an ongoing basis if someone is watching from home now and wants to weigh in. The surveys are a great way given a number of the frustrations in the department for people to you know. Especially with the commission going out to stations had a pretty good response so we appreciate that came in after the report is produced. The demographics for the officer survey the department survey rather only 36 of the respend ants lived in the city most worked day shifts and the most common with Police Officer sergeant and support staff. Not to say that chiefs didnt take the survey, they did, but not as office as the sergeant officers, there is four of them. So, the top five priorities of the department are not surprisingly Emergency Response call to service is number one for the police and the from the community. Similar to both the community and the Police Department if you recall agreed Crime Prevention and reduction is the second most important priority. And Police Accountability was a priority for both groups as was promoting police and community relations. And then the officers or the Department Members also listed in the 21st century updated equipment. I think they were talking about Technology Basic tools to do their job. The priority should be around officer safety, training, coordinating this same up several times, coordinating with the department of Public Health on Mental Health issues. The department recognizes thats a tenuous situation when are you dealing with folks that are mentally ill and you dont have, necessaril necessarily, experience or training in that area and it happens with someone on board, Public Health would be beneficial and establishing partnerships with the community and highlighting how San Francisco helps the community. Promoting the good things that san francis sfpd does and transparency in priority and improving the immediate perception. I have talked about this a little bit. The relative safety. We have the top numbers up over 50 with the surveys responded thought San Francisco was less safe than other cities. Again, it depends on the area. Consider so so the department respond ants attributes with the Community Problem solver professional and accountabili accountability. These are what the Community Ask for. Same order . No. This is the top five. On the comment box the officers the department mem r members put a focus on the challenges of law enforcement. They were considered about education and qualification for the chief as well, and coming from within or familiar with the Community Someone that is going to be supportive of the officers. Leadership qualities. Trust worthy problem solving communication with the satisfy community and communication. Both groups wanted a Problem Solver the department was on development with the staff and modern police practices. Other qualities integrity, being supportive and increased training were also listed. The department with the top five priorities for the next police chief should be connected to the rank and file. Reviewing effectiveness of the department Community Partnerships and internal accountability, last two were tied. And both survey groups are pretty well aligned on that question as well. Then interesting came up on the comment box. A certain position came up several times and again improving and increasing training and being supportive and building moral. The top five qualifications for the next chief of the department, track recard reducing crime, Crisis Management experience, experiencing managing change, breaking technology and experienced in Diverse Community both groups had experience in Diverse Community, managing change Crisis Management and reducing crime in the top five. The community respondents also wanted candidates with reform experience. And the departments 5th variable was embracing technology. The department the next shechief should not be political. Engage the community be experienced in patrol, be supportive of staff be familiar with San Francisco and over and over and over experience over education. They also asked the department about train priorities what should be addressed by the next chief . And use of force, criminal law changes in effect investigative skill and tact law regulations were the top five. In their comment box, again, technology i think its the generation. Technology needs to be updated and better firearms training. We allegati also asked the department what theyre most proud of as the San Francisco in the pd they answered the diversity within the department. Triumphing the Community Standards and preventing community crimes. Theyre proud of the tradition of the history of the department serving with pride being part of the team. The professionalism the pd has and commitment to keeping San Francisco safe and the appreciation from the community. We gave cops an opportunity to say what they wanted to improve. Im sprize surprised more cars and improvi improving quality and quantity of training. Equipment and tasers. Highlighting the successes of the department. Improving technology. Improving the hiring and promotional process leadership be supportive of the officers versus politics. Better facilities and a better relationship with the District Attorney improve prosecutions. Then we asked them, anything else . And the department overwhelming wants to hire within the department. Someone that is not politically focused transparent to the department. Communicate to the officers strong leader with strong character. So that was the department survey the email link i dont have that yet but i received 5 or 6 emails in your packet. Complaining about the survey, how it was constructed and access to it. We talked to those folks and got that resolved. We receives a letter from john crew and aclu those are all attached you received copies of those. All right. So the summary of the public process. What really comes down to is other than to get the Community Input the attributes and characteristics qualifications and experience of the next police chief the desired attributes and characteristics strong leader, integrit integrit integrity, transparent, communicator and collaborator. Has credibility Problem Solver support within the Community Professional and tech savvy. Then the desired qualifications and experience in the next few. Demonstrated leadership in comprehensive leadership reforms track record reducing crime reducing crime within the Community Experience in metropolitan department. History of Holding Officers Accountable and staff dependable. A record of community engagement. Demonstrate experience in community policing. Engages the youth. Understand issues related to Mental Health and homele homelessens. Record of Staff Development and training. And again, education versus experience. That argument. And the last slide the last two slides with the attributes and the qualifications, that is a culmination of the entire public process not just the officers or the department survey the Community Service or the Community Input. That is the end of the presentation. I will take any questions you have. Thank you for the comprehensive presentation and theres a few things striking about the data im reminded of commissioner mazzuccos comments between what you heard from the community and officers. I think there is an interesting thread in here about what officers are looking for and theyre embracing the reforms they want more training on the use of force. Theres a lot of interesting and Important Information have here in direct surveys and i know that is one of i think recommendations making sure any organizations that is coming up in collaborative reform opportunities for officers to do the job, to communicate. There is definitely some feedback here that we will all benefit from. Colleagues do you have questions . One thing. I believe now we did the press release over the weekend i didnt hear anything about that in here i dont know if you were going to mention that the number of applications that would be the final [speaking off the mic]. Yeah this is two parts this is what the community has asked of us and the second part which is sgrat the recruiting process the number of applicants what number can be shared about that. Theres a lot of interest in that as we enter the confidential phase of this process. Yes like you said its confidentable search process we can reveal some information flt the application deadline while its pasted we did receive another application since we spoke. We have 61 applicants. I wanted to share with the commission and the public the make up to the extent that i can there are 11 current or former San Francisco pd employees and 12 other candidates who reside. California 21 states outside of california represented the candidate pool. There are two International Candidates one from nigeria and one from cypress in the middle east. 56 men, five women. 17 current or former Police Chiefs six teen current or past assistant or deputy chief. I account that on the San Francisco police structure. Nine individuals who are either a captain, a major or a commander and back east the midwest majors led a division that is similar to account. Three current or past federal agents. Three lieu tents three sergeants three educators and among the candidate pool, i think four attorneys. And a couple ph. D. s. [speaking off the mic]. Okay. And departments respect represented from as small as 24 Person Department applied to the San Francisco police chief pd and someone from a deployment of 10,000 officers. There is two parts the Community Input and search process. I want to go back for a moment to the Community Input process. You heard concerns here that some individuals were not aware of the meetings. I noticed the Commission Office did a lot of work getting that information out. I think you covered that, but if there is any mitigation there around if there is suspension bridge out there we heard from a lot of folks who participated we heard from here today but to the kz tent were doing line ups and taking officer surveys can we leave the Online Survey open for another week and put out another push . The Commission Office can put out another push tomorrow. Certainly its difficult to get people to come to a Community Meeting i cant underscore enough. We can speak to what our intention is we want to hear from the members of the community what theyre looking for. As i said to officers if you dont tell us beforehand after we select someone its difficult for us to hold them accountable and whatever passes along to the mayor lacks these characteristics we want to get as much input as possible. Maybe that can be a Mitigation Strategy to the concerns raised around. And anybody that doesnt have that concern they should tell their friends and maybes and constituent sea groups that survey is still open. And we will get a supplemental report. Absolutely. That is good. Commissioner dejesus . The question in hi mind somebody raised why cant we also give also another anonymous information like if 20 applicants have big city experience or have implemented reforms. We dont have to say their names we can give more generalities about what we do no about the type of people replaying i havent given you the idea if we can ask the candidates to share the information it doesnt hurt to ask but we can File Statistics that are amononows. That doesnt necessarily give their identity away with the type of pool we have. Okay. I understand that. One of the things we typically do as a recruiting firm is the person we recruit, we engage them and do a phone interview skype interview and complete and accurate collect that type of data. In the survey for this process so the commissioner can see all 61 applicants and evaluate them on their merits without any outside influence. From filling out the application you cant glean a lot of this. Sure. I havent marked down. I though there are people in the pool who have reform experience. Some are from larger and some are from smaller cities. I still have my idea on the table that can supplement if we cant get them to agree if we ask that ke question we can do comprehensi comprehensive anonymous type information on the list. With reference to the notice of the public. I want to remind you, with every meeting we had i wake up in the morning and every major news channel was reporting it as well as kcbs i dont think there is a mystery as to when the meetings were. It was on every major news station. Thank you. Commissioner hwang . A couple of comments then a question. It seems like we did a better job with the officers and the public because roughly about 1 7th of the Police Officers returned the survey. We have higher number of officers return the survey. I can want that we have direct assess to their email. Right. And hear from folks by the community im surprised by the high Number Online versus in person. Maybe i shouldnt be that surprisesurprised. Do we h demographic returns on them did wi have bilingual surveys. There were a few. Not many honestly. Do we have any other i dont remember the exact questions on the survey where these folks are from, if theyre from the city. We can ask that. What age, demographics. No. We didnt want to discourage folks from taking the survey from fear of being identified and categorized in a group. The general commentary in the general scan of the Community Comments it brings in two different groups there is one group that is interested in Police Reform issue and there is another group indicating that high crime is their major issues it seems like folks had a strong response based on what they wanted to get out f the department. Right. I believe that as well. Its such a diverse city too. And people feel the they they feel. I can be specific to neighborhoods people talk about the directs as if theyre small Police Departments we have people that contradict each other are you going to get that. Its a good question and i think thats why. Commissioner goes to a fantastic point folks that want to weigh in give them another week to demonstrate were looking for the feedback. One of the questions i know you attended all if not the majority of the sessions duh get a sense there were difference from the neighborhood responses . Any major trends . I think probably one of the Elementary School i got the sense that focus in the community was on crime reduction. Did you get that . Yeah. And they were well organized they had a couple of different speakers well attended meeting. Also, i asked the same question about we had these translated in other languages you shared with me some of the translators helped in some of the meetings helped the people fill out the surveys in english. We did. Only got 17 paper surveys. I think it was about that. Okay. And the meeting at the palau Elementary School we listed the help enlisted the help of one of the translators to write on the foot charts in chinese. So people got it translated in chinese they were able to translate and get their surveys thats where the majority of handwrittens came from. [speaking off the mic]. For the elementary. Hult mul [multiple speakers] what is interesting the chinese speaking Crime Prevention dominated on the other side the on the other side is English Speaking folks, that is more of the conversation we hear here. So people dont agree on things in chinatown people think about crime because its happening to them. You know. Thank you for that observation i was commissioner mazzucco on the other side of the room and didnt get that sense. I appreciate that. Im struck by an officer comment. It highlights what we discussed tonight it seems the Police Commission and board of supervisors was transparent to the everyone september except for the rank and file [reading] to do what were told and our opinions dont matter with regard to the way the city is policed. The people that are sworn to protect it our health and ability for that goal. I hope this will provide an opportunity for those in charge to see we have valuable insight and might have good ideas as to how we can solve problems and make the city a better place. I think that, again, speaking to one of the less sobs this commission learned. And making sure if we talk about what it looks like to make change and reform and make it better as chief said get to a better place this perspective is important and something for us to be very aware of. And it means we have to engage the rank and file rather than push things on them. When you engage people. Theyre part of the conversation. As this commission as we move ahead we should implement regular ways to do that not doing a chief commission. Doctor joe . This has been said before. Its so striking to me it bodes well for me and the commission moving forward there wasnt much of a divergence as to what they wanted to see that, to me, yeah it was safe there was much more divergence on what they wanted to see, which is great. That means were going to include everything in this process that is good to see. What i would say we do have all of these comments theres a lot of data to take in. So colleagues, the way this is processed as we discussed in july was designed is over the next couple of dais all of us are can read this. There are charact characteristics and attributes you have to summarized for us as you pointed out the commission made the commissionment to view every resume we will do that in closed session next week you have the data from the Community Officers it sounds like we will have supplemental additional surveys and the plan is for this week for commissioners to spend time with gary and review resumes that is, again, and confidential process and we will go into closed session not tomorrow. We will go into closed session next week. For the members of the public we will look resume by resume have a discussion of the persons background how it matches up versus the criteria and characterist characteristics and we as the commission will decide to interview and if with ke get that done in one session we may have to have 2, 2 that is the next step. Dr. Joe . I want to give compliments i want to thank fur the hard work you put into the process. You really have. I know you get paid but seeing you at the Community Meetings watching you grab the pen and pencil that is stuff you dont have to do. Me being a Community Person doing those things sometimes its crazy i wanted to complement you for doing that. Thank you very much. Thank you for all your hard work as well. I got a call on the way here i was told we were going to get binders and i hope that has changed and were going to have to review these amply indicatio at the Police Commission officers im out of town this week and next. That makes it hard to review it next evening. I dont agree with that process i dont want to be compelled to sit on third street through the night to get it done. I dont know who made the decision to switch it. I thought we would get binders. We have done this process before. This is the personal process this is the done the same way commissioner mazzucco, the binders were kept you had to schedule a time to go there. So its not. The way i remember it is we set a time and we all met and went through it together when we met i had my own binder i made notes on the binder i was confused who changed this and things have changed now i dont think i should have to be compelled to sit down there at night i think we should take about the schedule and how we do it. The wind binders with the Police Commission office we came back here in closed session and i remember my binder is marked up. With ratings and we went through them we had them here we did the first coal through. We ran through would this person be willing to interview . And we did the process again over there. We never had the binder withes us. Dr. Marshall. We had one session downstairs in one of the rooms we had the binders with us and rooms set aside. We did lieutenant talbi bought the binders and notice to the meeting we did have. Those were the three names we sent to the mayor. That is our third or 4th vote if im not mistaken. We have a special meeting in a special room. Notice to the public. At this point in time we had our binders that is when we made the determination we limited a significant number of the applicants after that point after several renters that is the three names we will refer to the mayor. If i hear correctly, what you did is everybody had a binder, but you never took it away from the office. No. We dont have an office here. The way were phrasing it. It was brought to us at each location. Right. [multiple speakers]. We can work it out. I think again, things can get muttaled especially after these meetings when we reflect on what happened. I wanted to do my best to make this crystal leer can you work with commissioner dejesus the issue is getting the binder to her we all need sufficient time. Scheduling is the issue because we have a Police Commission in the Public Safety building that is the place with parking and thicks like th things like that. We l do work understanding the issue is given its confidential information thats how its going to be handled. The weekend will work better for me i will not say five hours every night during the workweek after going all day to stockton and back. That may be the best time for me to do it. Okay. [multiple speakers]. Okay. Any questions from the Commission Commissioners before we have Public Comment on this matter . Okay. Thank you very much. With the information you gave on the demographics. That is not on the press release. Do you have that . What i propose we do is put that together and issue, and have the Commission Release that tomorrow im sorry okay. Yeah. [speaking off the mic] lets get that out to people can be made aware assuming that not everybody watches us on wednesday night. Okay Public Comment. Patricia education i have seen people that have absolutely no comments with the public. I have met people who have education that do have public input. We cant say yes or no. We have to look at the whole picture of the person their experience how they handled the job. Possibly, people from the towns theyre from. But common sense and dealing with the public and street sense is an extremely important thing as well as being a boss. I have been a boss of 28 crews at times. Vi worked with construction people. Transamerica was part of my job a as a child i think you really have to consider common sense and can you handle the people that work for you and can you handle the public . This is a very, very very important issue. I have heard the conversations about education versus noneducation i cant judge someone on that status because you have to know the person themselves to find out if theyre capable of dealing with the public. Thank you. We take votes even if there are no members. Thank you. Welcome back. I want to thank chief peterson. I this is a remarkable process and thank the commission for their leadership. He was very responsive he may have done all of those things without my input. On paper demographically you have a strong pull. Another six teen that has asit tant or deputies the best candidatings possible im hopeful from this demographic that you have strong candidates in the pool i appreciate if there is an opportunity for a little bit. You are about to go to this confidential dark period so as much transparent as po possible. I think you need to keep it in this phase. We know the chiefs what agencies theyre from. Whatever without too much burden as much demographic information as much as possible. If you dont have time to discuss it next hour this meeting the recommendation i made three weeks ago which is pretty much common practice this is how the searches have changed most big cities at this stage they ask for permission of the finalists if theyre willing to release their names. Maybe they will say yes or no you respect when you say no or cross that bridge when they come to it. In the last year chicago fort worth tucson have released that information and los angeles dallas seattle released it twice. You made that decision to ask the finalist to release their names thank you. Thank you. Next spooeaker. [inaudible] Police Accountability. I would like to address the listening sessions and the survey. I found it to be not helpful at all. 776 respondances of a registered base of foun 4 hundred hundred is prt 0000 . I counted 100 distinct people at the different out reaches i went to. These folks that took the survey is self selected. So none of the quantitative data that came out of this 49,000 exercise has any real validity for 35,000 you could have hired david binder that works for all the candidates and all the initiatives you would have gotten real quantitative data you you could ri lrely on in terms of making decision. There is call and quantity in this dit session is poor because of self selected folks you could have hired a focus Group Company and been stronger in terms of what San Franciscoians want in their new police chief i have no confidence in any of the information you had just gotten from the consultant and i think i should consider that. Next speaker. Welcome back. Good evening. Two minutes is not enough. I will do my best about the meetings i want to plank commissioner melara and dejesus. They were at the Community Meetings they were approachable. In this scenario it feels like we have to speak to the dies and it didnt feel like that. Page two i want to sigh how gratified i am. It is integrity. If you look down at the Leadership Qualities they want to be considered if theyre trust worthy. They also want credibility. I dont know if you have gotten the theme. The theme is they want somebody that is honest and trust worthy and has integrity they want the opposite of chief surf for instance. If we have to have one it cant be acting chief chaplain i recommend he follow this. Go to oakland if you wanted to know what limited resources. You do not have limited of resources that is a con nard also the Police Department say they want highlighting in the Police Department. Its not just pr its an integrity problem. I had more i can not think of it now. Thank you very much. Next speaker . Welcome back. Hi thanks. I wanted to say a couple of things from the perspective of a graduate student in qualitative and quantitative methods not as a community activists. I think you should disregard the results of the survey because they have poor validity, from a quantitative perspective. This is completely nonsensical choice of sampling strategy for quantitative survey. And that are not representative of the city of San Francisco. The way the survey was put together stro strongly bias respondents to think of things in a fixed rubr rubric. In the summaries when you are considering it in particular anybody concerned with accountability is reduced to fill out the box in a one 1 manner in a survey when its present. Finally just from that perspective i dont mean disrespect to the process as a democratic exercise its useful. But as useful data what people in this city feel i dont think you should base decisions on the basis of that. Thank you next speaker. Welcome back. Thank you. Commissioners i urge you start with the end in mind all of us in this room want a chief will hold Police Accountable and we paired the relationship with the community so we can all move forward. This is going to take the full force of the community, the mayor, this commission if from here on out we have no idea who any of these people are any of the candidates are nor what their qualifications are and one day mayor lee announces who the next chief is, were not setting up him, her, you the mayor or the community up for success. The number one criteria for a solid candidate for this rule is nowhere in that report. And thats not having the enforcement of the San Francisco Police Officers association. We urge you to make this process as transparent as possible for the good of everybody involved. Please think about that chiefs first day in office. Do you want him or her to come in with legitimate sea. Or do you want him from the entire community on slot. The entire concern in the search process. Please think about this. Thank you. Next speaker . My name is john jones. I will be brief. I didnt expect this process of choosing a police chief to be democratic in the least i aplowed you the work you go in with the surveys in the communitys sensibility i think the prior speakers about having a legitimate choice is well taken i think you are trying to achieve that. When i think about the process you are undergoing what occurred to me is the choice of dwightiz eisenhower a commander in chief in world war ii. Eisenhower surprised everybody. I respect your subjective the qualifications of the person in front of you. Thank you very much. Next speaker. Mr. Gilberti. Welcome back. Thank you again tom gilbert. New ideas. Some times theyre very strange theyre new ideas grandiose ideas, grandiose opinions. Right here, i brought what i consider the best paragraph in all of baseball and i havent seen all the paragraphs of baseball can we get a close up on that . [speaking off the mic] that is jackie robinson. 42. Across the land where racism doesnt exist. Some of have heard the word, some of you know what its about your entire life. This is a moment in time if you want the job if you want those goals i will tip my hat and let you go for it. New ideas. Slow down saturdays. Light gunless belts. Trainees that are graduated and working with ten year vets that have never shot a bullet. Theres a lot of, why notes, we can approach this with that is part of jackie robinson. Thank you. Next speaker. Welcome back. Thank you. Groood evening commissioners. So i also want to commend you for your work on this Police Chiefs search i know its been intense and also for your recruiter its been a process i wanted to talk about how important it is to bring in a chief who can lead reforms you have gone through a lot of the ground work to do this and having worked in the over site field now for over 30 years i know its a fact that in cities where there have been reforms sh the reforms come from hiring an outside chief. Look at seattle look at new orleans one that comes to mind that is very local here is the city of East Palo Alto. A much smaller city but chief ron davis was brought in to turn East Palo Alto around. He as the head of the cops office. He put out a piece recently saying we are at the moment in american policing history our collective efforts to meet the challenges we have faced over the past few years have opened a knew but small window of opportunity. A window through which police and the communities they serve see the need for policing reform and recognize the necessity of working together to achieve success. Now i think that here in San Francisco were at the same kind of cross roads and we have a unique opportunity to make some reforms so i know you are taking this very seriously, but you need to bring in an outside reform candidate. Any further Public Comment on this matter . Hearing none comment issed. Sergeant call the next line item. Item 5 discussion and possible action to take off calendar disciplinary case filed against assistant patrol special jose vidal, file no. Alw iad 20150072, 20150161 20150186, due to his resignation effective 7 29 16 actio action . Good evening everyone. So commissioner mazzucco this is your matter. Thank you. Members of the audience were doing house kleining on the patrol special the first matter is with reference to special krol patrol jose vidal. He has tendered his resignation. With that in mind the resignation i will ask the commission to take this matter off calendar. Do i have a motion . Second . All in favor. multiple voices aye. Any opposed . Tom come on. Good evening. Patrol special officers is a criminal racket. They have been put out of business long ago. He didnt show up. He should be locked up theyre criminals. Thank you. Thank you. Call next line item please. For point of clarification we do these in Public Session because special Patrol Officers are departure how we deal with officers sergeant call the next line item. Item 6 hearing regarding disciplinary charges filed in the following cases patrol special officer samuel reyes, file no. Alw iad 20140051 patrol special officer serge white, file no. Alw iad 20130214 6. Hearing regarding disciplinary charges filed in the following cases continued patrol special officer serge white, file no. Alw iad 20130214 assistant patrol special thomas mccloskey, file no. Alw iad 20130173 20130239 patrol special officer alan byard, file no. Alw iad 201301 20130155. Commissioner mazzucco. Im recused from the last line on all of its council present state your appearance its been late. Officer gar la browned and. [inaudible] on behalf of the department. Good evening. Charges were filed against Patrol Officer [inaudible]. Each year patrol specials have to turn in information which includes insurance all their current phone numbers who worked for them and so on. In this particular instance mr. White says he has no worked since 2009. Hasnt had training with firearms gone to the Academy Every year. With this matter its called revocation of their appoint. It doesnt mean discipline but have you notified officer white of the hearing . Yes. Do you have what you need to present to the Police Department. Did you send notification to this police address. Yes. How did you do it . Certified mail or hand deliveri . Mail. When did you send that letter . That was from the Police Commissioner. When was the last time you have had a conversation with officer serge white . I believe in 2013 for the original case. I interviewed him for the iinvestigation. There was no response from him is that correct . No. Hes not in compliance with any of the terms of conditions be withing a special Patrol Officer. Correct. Any questions from any of the commissioners any Public Comment for we take a vote . Come forward tom. I can speak about serge white with particular knowledge he was one of the people that worked with chuckle em bert i refuse to say his name. A crime against me he has never followed regulation you tried to follow in years and years in 2010 and 2011. When some of the commissioners tried to do something about him about the other scofflaws lawless criminals and someone i wont mention their name nothing happens to these criminals theyre play to pay. Week old violator criminals. This is one of the worst. He is jane owners air. Its the not clear if he took training or not or if he has he should be in jail lock him up. Any further comment on this . I will invite a motion. What is the motion commissioner . Finite the for the proper term of revocation of the appointment of patrol special officer serge white. Second . Second. All in favor, please say, aye. multiple voices aye. Any opposed . Motion passes. Okay i believe there is an additional matter before we. Yeah call the matter of assistant principal special officers patrovski. Officer carla brown. [inaudible] on behalf of the department. The department start what is your position on this case and where are we at . We filed chargers in this matter commissioner mazzucco on or about the 11th day of august of the year 2015. It is my understanding that mr. Mclostki has had patrol for a number of years. There were Police Contacts he failed to report to the department there is an issue of the restraining order that he fails to disclose to the department the affidavit in support of that as well as the written notice of that case filed in support of that restraining order concerned very disearning information about thomas mccloski. It included repe repeated derogatory comments to his wife and daughter. Were talking about the terms can you not, whore, bitch and these are made to both female adult and a minor at the time it started when she was ten and continued until the time she was 12. They raised allegations in the written statement in support of this restraining order that a system patrol special officer mcclowski would pier over their fence and peer into their windows snap pictures. As an intimidation. He would as a Police Officer gesture with his hand in the form of a gun with his finger the. In 2013. Officer brown would he at this time have the qualifications to be a patrol special officer willing to work with him or the hours he would need in order to maintain that employment the departments position is we would ask that he had be released from the program as an assistant Patrol Program as a special. So you are charging document mrs. Warshim. Indicated he was terminated as a special pa patr already that is a distinction lost on me i could use clarification. A patrol hires a patrol special and that hire determine nated his appointment with him but that not. So presumably the supervisor has the authority to do that. To terminate. Correct. And usually per their rules once that happens he would be terminated, revoked through the commission but because of the charges and because of the restraining order we havent gotten to that matter. So i spoke with him yesterday and he did say he had a patrol special to work for. I spoke to that person and he could not guarantee the eight hours required so he will not meet that requirement. Okay. So the point is he could potentially be hired by another. Lets hear from him. Commissioner mazzucco . I see that mr. Mcclowski is here. The only department of the representative i spoke to yesterday was sergeant brown. That is officer brought right there. Shes a sergeant. No. Officer brown. Duh speak to her. The woman standing next tow. Dont know where to begin here i never had to go up against two lawyers with no representation. My neighbors did get a restraining order against me. Were you noticed of this matter. Of the restraining order . I recommend that the witness be sworn in with relation to the case from the court reporter. This matter is on its my understanding i dont think anybody thought officer mccowski was going to show tonight. He is here tonight. We shouting talk to him about his right to counsel. Im not trying to claim counsel. You have the right to counsel technically are you walking into a hearing as the deputy City Attorney said we soul should swear you in urnld oath and the commission can use that determine about your reference to your future as a Patrol Officers we owe it to you you do have the right to counsel. That is your call. I know you have been in contact with you you are not longer employed by any special are you here to regain control. Yes. I recommend you contact counsel that is the right thing you should do at this point. With the length of telephone Conversation Council you or i and this lady on june 1st you asked me about retaining counsel i told you, the would cost 3 5,000 and there is no money back guarantee. I can not afford that. So im going to have to respect myse represent myself thats the only option i have. You are aware of the charges. Yes. I was given the consideration. To answer. What we need to do with an abundance of caution. It sounds like you were like to contest this as an attorney and members of the Police Commission i dont dont think we should do anything further this evening. You need an opportunity to review the discovery what the Police Department has against you. All the people involved. They will produce a copy in order for you as a commission to hear this tonight you we need a copy of the straining order. We need to hear what transpired and hear from witnesses we should calendar this for another date we will have another status conference you can be in contact with the Police Commission office through officer brown and we will set up another pretrial conference you have to decide what you want to do but you should not until you at least yourself heard the allegations against you. Otherwise i would feel uncomfortable doing anything this evening before you Say Something and end this case quickly i suggest you talk to counsel so i recommend this continue 34 weeks from now. Yes. In that period of time i will get a hold all of the department for discovery. Yes. Off calendar you schedule another date with officer carla brown. She has my phone number. We will set this for another. And review for discovery. Chigs ners in addition you would like to add to this . Again. As commissioner turman and loftus you have a right to council. I understand that. If i were you i would endeavor to hire council. If you dont we will make sure you are making knowing and intel jelige waver of council. Review discovery. Yes. I know there are representatives from the Bar Association that are here too if payment is an issue you cant afford a lawyer there are some that represent yourself at the end of the day there are fancy words for it. If you have a response there are assistance you can get. That toke make to make that decision. The paralegal i paid for will be put to use. That wasnt cheap. Lets calendar this matter is find counsel. You mean a conference call. Yeah that one time with myself. I need longer than a week for that. We will give you two weeks okay . The inter recommend the record is clear are you not a patrol special officers you are not to carry a firearm or badge is that correct. That would be immediate disqualification. Yes. Thank you. I will take Public Comment. Good evening. Commissioners this is not mr. Mccowskis first restraining order. I filed for july 13th. 2010 and he worked with his friend august 11th. So i wasnt able to attend it on the august 10th. So it was dropped so i hope that is included in the documentation of his transdegradation of his permanent removal from the patrol operation. Which is an institutional amend. Its a racket and you noi its a racket. Thank you so much. Thank you. Sergeant next matter. Patrol officer allen by yard. For the recard commissioner mazzucco is recused in the he hearing room commissioner hwang. State your appearances first. [inaudible] appearing on behalf of the department. Officer carla browned. Officer allen biard. I was assigned this matter a month ago. In sum, officer biard is charged with offenses in early 2013 he reported in searching two additional beats is an issue two of the beats possibly merged. Officer browned investigated he does that represent. Roughly yes. We had meetings during the meetings mr. Biard has become much more cooperative. He disclosed. Set letters with clients he would not work outside of the district. He has cooperated with what officer browner asked him to do. Yo if you want to add anything to the overview. You did say it all commissioner. We had an agreement that biard signed off on. I brought extra copies. We are prepared to move forward. Patrol special officers binard has made Great Strides with compliance. Do you have anything to add. Do you have another document. In the document is a request the sale of two beats as an officer required. That came up in the conversations the beat the 96 that he did owe is primarily Residential District that did not give him enough business to keep afloat so he purchased two beats and will not work outside of though beats but wi willify nanlly allow him. To not have to go outside of his district areas which is subset of the viegs in this case. Violation of this case. Fairly stated. Correct. This is the term . S. A rough overview of the terms he would be pleading in essence a termination in abeyance we have gone over this many times in the meeting this is a strict inforcement or with a patrol special officer outside of the district if he did not file a report as requested by officer brown. If he did not comply with the rules of central he would be subject to revocation. He is subject to a fine by the department of 500. And my recommendation to do is 40 additional hours of volunteer work within his district to approve the commission of the sale of the other two beats. The challenge for me is the settlement. I dont know if that was it. I would like time to review it. I dont know where other folks are. Let me back up. So 2013 he was operating in beats that werent his. You charged him with that. So the settlement is to correct that. To settle those beats and additional two beats. But he has two additional beats he will purchase two more not the ones he gave up . Right. So tonight were going to charge a fine for working two beats then reward him with giving him two other ones . That aint happening here. Theyre not separate matters at all. He didnt follow the rules on this one and i dont like the fact were not doing this. Im not dog this. What the hell are we doing . Lets understand. Theres a second piece for sale of the beats not linked to this. Are you going to have to sell him the beats. [inaudible]. That is correct. The third matter is this stipulated whether or not we want an agreement let me stay there and add im curious we came to the con lugs this is a good thing to do. You got in the rum. There have been attempts to buy beats with two clients with. There has been an exchange of money and paper work with the woman who owned . These are discussions in settlement conferences. So those sales have either not be properly completed, but once he was informed he had to absolutely stop working with clients in those beats he made written communication, personal conduct he has complied with everything officer brown has done. Part of the 2year time frame has been that others have taken precedent over the special patrol cases. It was from the two separate things. Lets go back to stipulation. If you want to go into recharge in 2014. The case sat there for two years we did not move on the two cases. There is confusion i think officer brown clarified it we had to dig back into the historical maps to see if the districts were consolidated in the past. We dont know they were consolidated. No. He could start working a beat as if they were consolidated. I believe. What belief that he did that we didnt have. Perhaps officer brown could explain the distinction. Old stuff. [multiple speakers]. You want to explain the distinction from when they were consolidated. Why there is a mi misunderstanding of beats 2 and 7. 287 from the previous owner who said he told me they were combined when the looked back through the records they had never been combined. What do you mean officer brown . They had been combined. Mr. Biard told me that. So i went back through the records they were never before he knew r not one agreed he purchased or they were consolidated that is not Everything Possible i couldnt verify it so i wouldnt hear it any way. I looked at ten different maps i cant explain tow now what mrs. Brown showed me is there is confused as to 2 and 7 whether they were consolidated they were split at some point they were part of hey larger district they got split up. The paper work is not that clear whether the split it took a lot of research by officer brown to discover that. This is the hold up of trying to get the sail of these districts to hold through. I understand that that doesnt mean you move forward until it is cleared up. That is an issue. Thats a problem for me. Commissioner marshall . What in your opinion got mr. Biard in compliance. If there is confusion and hes confused all the details about which if biard. Should be fine. If hes being penalized and fined it doesnt make sense to me im trying to see what got him in what is the discovery that he wasnt . Of his own volition . This is set for two years i dont know. I got it involved last month and trying to clean it up to move forward. We can separate these two issues in my mind when i told special officer biarnd. In fairness i recommend the commission of beat sale not to reward him but because understanding if he keeps one district he cant survive in that one district. This is what forces him to separate oud of the district. Without customers so if you actually want somebody to be able to perform, this is the solution Going Forward if you want to discuss the fine we can discuss that. Setting him up with the district after we do this. [inaudible]. Im trying to find a solution so we can. Part of that is okay. I miss understand that. I really do. I thought it was the first place. I see its your rationale. To con sell date the others so he could finish this sale. Finally to say is this under to add it to the other two. I guess officer brown mrs. Warshim. The i indicated i wanted more time on this i red the specification the question for the settlement for me on these matters essentially with discipline of officers theyre confused or did i Say Something that was not true . That is a bright line for us. I would to i two of you it sounds as though commissioner hwang is convinced there is sufficient confusion there wasnt any point where mr. Biard patrol special officer biard made a Patrol Commission about these beats that would be a key commission. I would ask for your assessment of that chl. I believe there is confusion on his part i have not personally spoken to the woman he was dealing with. In terms of beats 2 and 7 but i know the took officer brown bringing in various maps to show us how these boundaries relate to one another and the beats he owned and was working in he shouldnt be working in. Did he produce the paper work. That is my understanding from the beginning there was a beat sale and the process was never completed this has been years. I mean, so, i feel its somewhat difficult to penalize him to some ex10th century when these cases have been languishing. Im not part of the disciplinary process notifying him that hes in noncompliance. We probably had eight officers dealing with the patrol specials i have been with the department and everybody has a different way of running this program. Vi to say, officer brown has been 100 on it in terms of documentation whereas years before there wasnt any documentation other than the allegation that there are violations out there. And then when other cases come before the department that take precedent they take a backseat all i can tell you is he expressed confusion with beats 2 and 7 and these beats have been combined officer brown presents us with maps to show you where these beats were and there was talk of purchase of beat number he owns 96. This is 44 that would be a beat where if hes allowed to purchase he can work with those clients and continue to work with a principatrol office hes one of the few that has come to compliance with what Patrol Officer told him. What i can tell you is there are several with this program and hes doing a wonderful job he has made every attempt to come into compliance. That is no. Based on your review. All i can tell you is what he said to us in the discussion. He purchased beats 2 and 7. There was confusion about the purchase. There was a discussion about whether he miss represented because he was dealing with confusion was he dealing with clients inside of his beat . He was. That is a violation of the rules and is 500 fine and 40 hours of Community Service and revocation hanging over his head a sufficient penalti . This is one of the cases we have gotten this far on. Those of you that have been on the commission for a while. This is the most detailed. I think this is the first time i had a stipulated agreement for a patrol special. From the ten years i have been here. To no fault of Patrol Officer biard. He thought he purchased these two beats. That is the information i believe officer brown had an certified check in the file. It was a certified check. He said he paid money to the previous owner for 2, 7 and beat 44. We have to approve the. That is when he purchased it. When i took over i looked through the files and found he had clients outside of the beats 2, 7 and 44. captioner ends services. Placing a hard stop on capti captioni captioning for this meeting