Copies of any document you have to be included as part of the file should be submitted to the clerk. Items acted upon today will appear on the october 22, 2019 board of supervisors agenda. Thank you, mr. Clark. Please call items 12 and three together. Agenda items 13. Three ordinances for item one, 190832. Memorandum of understanding Fire Fighters including Firefighters Union union local 798, units one and two, to update the Union Security serve update provisions and Laborers International union local 261 to open date the overtime compensation and Health Insurance provisions. Thank you. I would like to invite carol to present on this item. Good morning, chairman mar, and supervisors. Before the amendments to existing labor agreements. I will start with a firefighters agreements. The first environment involves the security provisions. At the time we negotiated this labor agreement. Not yet fully developed, it is on administrative processes for Union Security, and union dues deduction. We have since resolved that issue. We have worked it out with all of the unions. As promised we are circling back to the firefighters to update their language on Union Security. That is what that person is about. We agreed to that premium in 2018 negotiations, but we had many errors in citation of the firehouses and where those individuals would be house. We have corrected that administrator lee, and now we are asking you to allow us to update that in the labor agreement. With respect to the laborers union, once bargaining had concluded, both parties were somewhat dissatisfied with two separate portions of the labor agreement. After discussion we agreed to modify both of those sections. The controller has deemed them both to because neutral. One involves the employees contribution to family medical, involves overtime calculations. Thank you. Colleagues you have any questions. Thank you. Are there any members of the public that would like to speak on this item . Seeing none. Public comment is closed. Colleagues, can we recommend these items to the full board without objection . Great. Thank you. Mr. Clerk to please call item number four. Agenda item number four is the hearing on the 20182019 civil grand jury report entitled joint Terrorism Task force balancing Public Safety with civil rights thank you. I would like to welcome harvey of the civil grand jury who will make brief remarks and introduce the Committee Chair, Janet Andrews. Ms. Harvey is not here. Are there representatives from the civil grand jury to present on this item . Okay. Well, i do want to thank the civil grand jury for all of your work this year. At our last government audit and Oversight Committee meeting we had hearings on three other important reports that you issued. The report today on the joint Terrorism Task force and San Franciscos involvement in it. I think its also very important. I get so much for your work on that and highlighting that issue. I did want to note that there were responses to the civil grand jury recommendation in this report issued by the mayor and Police Department. Consolidate a. There was also a response from the chair of the Police Commission. Those have already been a part of the Public Record for the civil grand jury report. You know, i guess actually in order to have a fuller public understanding of the important issues around the joint Terrorism Task force. I did want to invite a special expert member of the public to speak on this, um. So, um, that is mike who is a fellow at the Brennan Center for justice. Um, mr. Jerman is going to make a five minute presentation. May be able give you a little bit more um adequate in deduction. Regularly called upon and share his expertise with congress on f. B. I. Related subjects. Um, he is a former f. B. I. Special agent who, during his 16 year career, specialized in domestic terrorism and covert operations. On two occasions he used constitutionally sound techniques to infiltrate two different groups of violent White Supremacists to prevent terrorist attacks. He recently published a book entitled disrupt, discredit and divide. How the new f. B. I. Damages democracy. Congresswoman and chairperson of the Congressional Black Caucus says his a critical insight into the initiative taken up by the f. B. I. In the aftermath of 9 11 is a none. We appreciate this opportunity to supplement the civil grand jurys report findings, and recommendations. To expand and enhance our discussion. Thank you very much. I do want to thank the members of the civil grand jury, respectively the subject is not capture the scope of what i request. Detailing how post 9 11 alterations to the f. B. I. s guidelines, and changes to electronic surveillance laws meant to that f. B. I. Intelligence collection programs and investigations now lack the reasonable criminal predicates that were designed to help the americans from unwarranted government scrutiny. It would be extremely difficult for San FranciscoPolice Officers operating under these current guidelines and having routine access to the databases containing information collected without suspicion of wrongdoing to meaningful comply with local ordinance and general order 8. 10. [reading notes] targeting communities of color, american muslims, immigrants, environmentalists, activists, and black activists protesting police violence. I can provide that written testimony for the record in the brief time i have i can focus on particular concerns with the grand jury report. First, the grand jurys allegation to nonparticipation in the jttf versus San Francisco, cuts communications with sf ed. The f. B. I. And sf ed have multiple information and nothing bars cooperation in the most important cases. Those where there is a reasonable basis to suspect somebody is breaking the law. More importantly, jttf participation is no cure to communication breakdowns. The Boston Police department was a trade participant when the f. B. I. Received warnings that it was a terrace that. Information in that case was not properly shared among jttf members before the Boston Marathon bombing. The orlando Police Department was a jttf member before twice investigated, committed mass murder and in the local nightclub. The department of defense investigators a review of the 2,009 fort hood shooting determined that the data explosion within the f. B. I. Hindered proper identification and sharing a information. Participation in jttf does not reduce the risk of communicator breakdown. San franciscans are safer when Law Enforcement resources is not evidence and not bias. Certainly innocent victims of abusive jttf activities would not be safer if San FranciscoPolice Officers assisted the f. B. I. In and intelligence collection practices. Second, the grand jury of formal complaints against Task Force Officers ignores the nearcomplete secrecy in which they operate. Jttf agents play subjects and preliminary investigations without reasonable suspicion on terrorist watch list, without revealing the impact of people. Likewise, being referenced in jttf investigations secretly influencing whether a person under investigation receives or loses immigration benefits. Sfpd officers dont themselves carry out these Immigration Enforcement actions. Its meaningless if the information they collect in unreasonable investigations is involved in such decisions. Finally, i am troubled by the grand jurys finding in the general order, a. 10 is ambiguous and confusing. The reasonable suspicion standard is one Police Officers are trained to use and multiple contacts. From kelly stops to criminal intelligence sharing under federal regulations. The suggestion that sfpd officers assigned to the jttf find ambiguity as to the meaning of a criminal investigation because it suggests they have adopted and often repeated f. B. I. Physician the tactics used in intelligence investigations do not need to comply with legal requirements of criminal investigations. It would be meaningless protection if sfpd officers can systematically collect information about the person and activities of its City Residents in intelligence databases without reasonable suspicion of criminal activity, simply by claiming they were not conducting a criminal mastication. Counterterrorism policies and practices are most impacted when they respect the Constitutional Values in a rule of law, and are subject to stringent oversight and public accountability. As an undercover agent i found this a reasonable standard made my investigations more effective. Focusing my efforts and resources were evidence directed. Thank you very much. Thank you, mr. Chairman. Colleagues, do you have any questions . Thank you. Thank you. I understand the civil grand jury representatives are here. I did want to invite up harvey who is the foreperson for the civil grand jury. They will introduce Janet Andrews, the Committee Chair and issue im sorry the Committee Chair for this report. Good morning. I am am raja harvey, the foreperson of the 20182019 civil grand jury. Thank you chair mar for calling this hearing, and supervisors brown and omar mateen for being part of the committee. I also want to acknowledge and thank the members of the civil grand jury who are here today. Could you please stand . Thank you. In addition, i would like to think city leadership, Law Enforcement, legal professionals and Community Advocates who provided a variety of perspectives on San Franciscos involvement with the joint terrorism given the sensitivity and the seriousness of this topic, we appreciate their input. The jury firmly believes in accountable and problem solving San Francisco government trade which brings us to our topic today. Public safety is on the minds of many san franciscans. Because the evidence of this and the news stories are on property crimes, and concerns around the quality of life a city that attracts millions of visitors from across the globe. San franciscans come at the end of the day, want to feel safe while ensuring our government protects the rights of our communities. It is in the jurys view that we explore a clearer flow of communication between our federal, and local Law Enforcement partners to uphold our San Francisco values. I want to introduce Janet Andrews house the Committee Chair for this report who will provide additional remarks. Thank you. Thank you. Good morning. Thank you, supervise supervisor mar, supervisor brown, and supervisor peskin for allowing me to talk today. My name is Janet Andrews, i was chairperson for the Public Safety committee. Do to the hard work of the jury, i feel we wrote an excellent report, and i would like to thank you for allowing me the time to present our grand jury report entitled joint Terrorism Task force, balancing Public Safety and civil rights. Initially we spent an extraordinary amount of time researching several topics to report. The jttf seem to come up repeatedly in our interviews, and had a sense of importance that cannot be ignored. So our committee, with the approval of the jury decided to concentrate our efforts to find out why San Francisco, a major metropolitan city is no longer a participant in the jttf. The jury was of the opinion that the ordinary san franciscan residents was unaware of the cities nonparticipation. To be candid, i prepared an entire speech outlining the facts, the findings, the recommendations of our report. Butts, reiterating the details of the report that you have read, and you have in front of you seemed redundant. I decided at the last minute it would be better to speak from a broader perspective on what i hope we all agree on regarding this important subject. The grand jury has a unique opportunity to interview important individuals in San Francisco government to gain insight from the perspective about the topic at hand. When we started our investigation we quickly identified the key agencies involved in making the decision to join, or to not join the joint Terrorism Task force. Which included the Mayors Office, the chief of police, the sfpd, the f. B. I. , Police Commission, and Civil Liberties organizations. We were pleasantly surprised with the level of cooperation we had with all of the after mentioned agencies in getting a high level representative to speak with us and answer our questions. Several of our witnesses did not work for city agency and comply with our interview requests voluntarily. Although there were differing perspectives, and opinions on the subject of our investigati investigation, they did have something in common. They all wanted a safe San Francisco. So the question arises why has there been no publicly known progress made on this issue since february 1, 2017 . Why cant representatives sit down at the table and work out the issues if in fact they all agree on a common goal, a safe San Francisco. Why cant San Francisco continue to be a leader that others will look up to for guidance, or how to communicate and work through the tough issues . Or, are we just afraid of the political fallout . As we stated, in our report, the San Francisco civil grand jury is not recommending that the San FranciscoPolice Department join or not join the jttf. What we are asking is that the mayor, the chief of police, the representatives from the f. B. I. , the Police Commission, and the Civil Liberties sit down with each other and start having a meaningful dialogue that will move this issue forward. We were encouraged by the positive responses we received from the Mayors Office, the chief of police, and the we depend on our Public Servants to do the right things for the citizens of San Francisco. We deserve a safe San Francisco, and the jury is confident that if the stakeholders start meaningful conversations with each other they will be able to achieve that goal. Thank you for your time. Thank you so much. Colleagues, do you have any questions . Thank you. Thank you. We can go to Public Comment right now. Oh yeah, i did want to acknowledge that um present at our hearing, we have a representative from the Police Department that is deputy chief who is sfpds of field bureau. He is available to respond to questions that might come up. Why dont we go to Public Comment. There has been some Public Comment cards submitted. Speakers will have two minutes to speak. Please state your first and last name. [ name indescernible ] fifth. [reading notes] if you can please step up. Actually if your name was called on the side of the room, and then step up to speak. Thank you. Should i start . Okay. My name is [ name indescernible , im with the asian law caucus, and nonprofit in seven cisco. For almost two decades now, the f. B. I. And the jttf have targeted our communities for engaging in innocent First Amendment protected activity such as a simple act of attending a mosque the abuse against our communities will document and continues to this day. The civil grand jurys report on sfpds with the jttf is riddled with errors is particularly concerning to our community. I would like to focus on two specific issues. The report finds there was no noncompliance when sfpd was part of the jttf. However, in 2014, an sfpd officer assigned to the jttf violated local policies when he question a Muslim Community member about his First Amendment protected activities without any suspicion of wrongdoing. In 2016, the department of Police Accountability concluded that this was due to inadequate training in the department. This whole episode is mi