>> president hirsch, i'd like to take roll. [roll call] >> clerk: president hirsch, you have a quorum. also present tonight are chief scott from the san francisco police department and director henderson from the san francisco department of police accountability. >> president hirsch: good morning. we are ready for the first item. >> clerk: line item adoption of the minutes of january 15, 2020. >> president hirsch: is there a motion and a second? >> a second. >> president hirsch: any discussion on this? public comment on the adoption of the minutes before we vote in all right. seeing none, public comment is closed. all in favor? any opposed? okay. carries. >> clerk: line item 2, consent calendar, receive and file. action. police reports of disciplinary actions of fourth quarter 2019. >> so moved for adoption. >> president hirsch: all right. any discussion from the commission before we open it up to public comment? no? any public comment on item 2, consent calendar? seeing none, public comment is closed. all in favor? opposed? all right. it passes unanimously. next item, please. >> clerk: line item 3, reports to the commission, discussion. 3-a, chief's report, weekly crime trends. provide an overview of the brief incidents going on in san francisco. major events, provide a summary of planned activities and events occurring, including super bowl. this will include a brief overview of any unplanned activities or events happening in san francisco having an impact on public safety. commission on chief's report will be limited to whether to determine to calendar an inquiry. community and youth engagement update, provide an overview of community youth engagement updates, and presentation of safe streets for all quarterly and third quarter 2019. >> president hirsch: good evening, chief. >> good evening, president, vice president taylor, and director henderson. i'm going to go through a report, brief follow up regarding hospital watches, brief follow up regarding our civilian hiring and the sb 1421 process, and then, commander rob o'sullivan will provide the report of the electronic surveillance devices for 2018, and after that, the safe streets report will be reported for the third and fourth quarter. i'm going to be as brief as possible so we can get the other presentations on, as well. >> president hirsch: thank you. >> starting with crime and statistics february 2, crime is down. reminding everyone we're very early in the year, so we can have pretty large swings in percentages just because our numbers are small. burglaries are down 2% over last year, and our auto burglaries are down 1% when compared to 2019. total violent crimes are down 2%, reported reaps are down 60% from 2019 -- yeah, 60% -- well, in 2019 -- year-end 2019, we were down 60%. robberies are up 16%. central had an increase of 30% and tenderloin had an increase of 25%. we will focus on those areas. homicides are down 25% on the year. we had three, compared to four last year, gun violence, we're down 25%. there have been six shooting incidents resulting in six victims in the year. two of those have been fatal and four nonfatal. looking at the five-year trend with our homicides, we are, again, at three this year, which is -- as low -- with the exception of 2016, we're as low as we've been for the last five years. at this point in 2016, we actually were at two, so we hope to continue this trend we had the last several years, and our reductions in homicides come the end of the year. a couple of case updates. the commission had asked for a couple of questions on school burglaries that i reported on last month, so i have some updates on those burglaries. an arrest related to burglaries at the school of the arts was made, and that case is being presented to the district attorney's office for prosecution. there are thefts that also occurred at balboa high school, and those actually are being handled internally by the principal of the school. this is at the request of the principal, and he has already successfully arranged for a resolution in that matter. there are already a series of burglaries at st. brendan's school. the school has since installed cameras and an alarm, and additional steps have been taken to secure the school at all times. we have quite a few leads on that case, and hope to hold the person responsible as the case develops. commissioner taylor had asked about donations to several schools that had been burglarized, and the school of the arts did set up a gofundme account, but they met their funding goal so that account is no longer active. balboa high school is looking into possibly a gofundme account, but at this point, it is not up and running yet, and those are the two schools that did fundraisers regarding thoseabthose burglaries. as far as major events this week, sunday was super bowl sunday, and unfortunately, our niners lost to the kansas city chiefs. we did not have any significant incidents after the loss related to the super bowl. we had some good news to report this week with the opening of a midmarket foot beat office on market at 7th, so our foot beat detail will be available there. not all hours, but will be available to take reports. we believe that this puts us really in the heart of market street, and as you all know, we've been deploying a foot beat there, and we stepped up our foot beats about a year and a half ago, and we believe this gives us better opportunity to build relationships, and hopefully will make a better relationship between the community and business owners. the denver nuggets are here tonight, and orlando magic is here on saturday night. we continue to work through the issues, and it's been a good partnership between our ours, d.p.t., the traffic control officers, and folks at chase, so things have been going well there, including concerts. commissioner hamasaki had asked to give an update on hospital watches, so i do have a brief update on hospital watches. there is a brief update on this a couple -- on this. d.g.o. 109 is one of the d.g.o.s that governs how we -- our present security protocols and also our absentia protocols. 18033 outlines protocols for suspects from hospitals and also absentia bookings. members are responsible for each person arrested until the person is a, either booked into a district station or county jail or b admitted by the physician in charge and is booked into the san francisco general hospital jail ward and the officer is relieved by a deputy sheriff which is absentia booking. the jail ward is not staffed currently, which makes that not an option, so the short of it is while under the department's control, they have to staff those details until that person is booked. we spent approximately $1 million last year with hospital watches, and we had many discussions with the prior sheriff on how to make that work. at this point, the sheriff has not been funded to discuss that, but until that time the department does have the responsibility to staff these watches when our custodies are in the hospital prior to being rebooked. so that's basically where we are on that, and we're always looking for ways to be more efficient, including absentia bookings when we can, but it is a cost, and it is a heavy lift for the department. actually, it's $1.7 million that was spent in 2019 on both on duty and overtime hospital watches so that's a significant cost for the department. >> president hirsch: do you have an estimate on the number of hours that would entail? >> i don't have that, but i can easily bring that back. >> commissioner hamasaki: can i ask a question? >> president hirsch: commissioner hamasaki? >> commissioner hamasaki: i believe the question that i asked, the issue is why is the sheriff's department not taking control of the individuals that are detained or in custody? so is there a position or point where the jail opens back up? is it a point where they properly staff the hospital or what -- you know -- because i think, in a lot of different contexts, the issue has arisen of the fact that, you know, no matter which issue it is, the captain wants more officers responding to the hospital, and if the sheriffs are tied up, it's a waste of our hours. is there a way to make the sheriff's transfers happen quicker? >> well, there are two triggers on this. the first being if the person in custody has not been rebooked, and they're actually still in police department custody, we're responsible. if and when we ever get to the point where the county opens the jail ward up, the sheriff would -- because they have the responsibility of security in the hospitals, so that jail ward would be under their jurisdiction. however, it's not necessarily a sheriff's issue, it's a staffing issue for medical personnel, is my understanding. and the jail ward is a small ward. it's four beds, i believe, but it still would be a help. i talked to the director of the public health, dr. colfax on that, and they're having some of the same staffing challenges as everybody' else. >> commissioner hamasaki: okay. so it's not just the medical staff, it's checking on everybody that are in custodies. >> yes. it's designed for custodies, so as it stands right now, the custodies are in just a regular hospital room, and we have to have security to guard them, particularly if it's a violent felony. if they're in our custody period, we have to have security. >> commissioner hamasaki: finally, is that an issue that -- okay. actually, i withdraw. move -- i'm done. thanks. >> president hirsch: so commissioner dejesus. >> commissioner dejesus: so the last time we met was on january 15, we didn't meet on the 22 or 29. this letter pertaining the 49ers, and perhaps you've already discussed it, closing down market street, using bean bags on some people. i don't know if you've dealt with it because it's been a while, and we've already had the super bowl. one of the issues they raise on this letter was the same use of force, as they see it. was it used in other communities? was it used in the bayview, union street, fillmore, where there are sports bars? did you have the same force out before people even got there? >> yes, commissioner. we did sit down with some community members for the mission and talked those through. so a couple of things. it did garner some media attention, news reports, as you stated, but a couple of things that you did not state, there were a couple of side shows happening around the city right after the game. and in mission district in particular, there were people excited about the 49ers victory and took to the streets. given the spontaneous side shows and the possibility of cars and people trying to occupy the same space, which is extremely dangerous, the incident commander on scene made the decision to close the street, which i support that decision. i think it was the right call to make. also, there were rocks -- well, bottles, any way, thrown at officers that night, and it turned into quite a volatile situation. so the safety helmets, being referred to riot gear, is a part of what was keeping officers safe. >> commissioner dejesus: so let me get back to that. you said there were side shows. what streets were the side shows? >> i don't know the streets, but there were several side shows happening after. >> commissioner dejesus: so my understanding is you closed not only the streets, but the block. other people can walk down the blocks, but that community couldn't walk down the blocks, and they have pictures of -- of the police lined up in their riot gear and some -- as people got there. so i just -- >> commissioner hamasaki: you brought exhibits. >> commissioner dejesus: yeah. i just wanted to know when the side shows were there and why weren't people allowed to walk down the streets. and then, you closed off other streets. you closed off mission and then cesar chavez. >> yes, and there were streets in ingleside -- other streets in ingleside close, as well. those side shows pop up. they're spontaneous, and we don't know where they're going to pop up, and the last thing we wanted that night was to have cars and people in the same space with the possibility of somebody doing, you know, things that happen in side shows, so that was the reason. >> commissioner dejesus: how many people were shot with the bean bags? >> i think there was one discharge of e.r.w., but i would have to check with that. >> commissioner dejesus: the community is demanding a meeting. i don't know if you were aware of that, but they are demanding a meeting. >> i've met with members of the community. we've talked about it publicly and at media events, as well. that was the decision about that behind scene, the reason was for public safety. >> commissioner dejesus: and i want to switch -- diamond heights. you talked about auto burglary and private crimes. there's a spike of car windows being broken and belongings being taken. is that a part of the statistic when you say it's gone down? >> diamond heights was included in that. we had a meeting attended by the district attorney as well as the captain of ingleside. it's actually happening on a private property. one of our strategies is to work -- in addition to policing and visibility in that area, but to actually work with the people in control of that property to see if we can come up with some strategies together because those incidents that you spoke of actually happened on private property. it's a grocery store parking lot. we' we're most effective in those kinds of relationships, partnerships, public and provide. >> commissioner dejesus: okay. >> president hirsch: commissioner elias. >> commissioner elias: i'm sorry, chief. i want to be clear -- [inaudible] >> ingleside had some similar issues. >> commissioner elias: so they had police officers with weapons and riot gear in place? >> yes. commissioner, i know you refer to it with riot gear, but that's to protect the officers from objects being thrown, and that night, objects were thrown at the officers. it's not meant to be intimidating, it's to keep the officers safe. having been a commander in those situations many times, you have to make a decision once bottles or rocks or whatever is being thrown at officers are thrown, you have to make a decision to don that equipment. so we're going to make a decision to keep the people safe, including the officers. [inaudible] >> not to that degree, no. >> commissioner elias: okay. what i'd like to see is the number of arrests made during these incidents and the use of e.r.v., how many bullets shot and actually used, and if any of the ingleside -- >> commissioner dejesus: and the driving was -- what are those called? >> commissioner hamasaki: side shows. >> commissioner elias: side shows. i think we need to put this in context, and i think you understand, when we see the photos, but we understand how isolating it can be. >> sure, yeah, and i can get that information and we can report back. >> president hirsch: vice president taylor. >> just to add on, were there calls for service connected to these particular areas, and if there were, you can tell us where those calls of service came from? >> am, there were. there were calls for service, but when i report back, i'll file that information. >> president hirsch: thank you, chief. i know you have another item -- or you have a few more items, but you had the bill -- the 1421 hiring? >> yes. so the 1421, the commission had asked for an update on the status of 1421 -- or the civilian hiring. where we are on the 1421 hiring, our legal division has -- so the civilian staffing is -- when they're fully staffed will be two sworn and ten civilians. the two sworn are a sergeant and a lieutenant, and they're both already in place. the civilians will be eight civilians, one attorney, and a supervisor that's already in place. so we have the senior legal processing clerk. that hiring is in process. we filled three of the eight legal assistant positions. three of them have been filled with internal candidates who applied for the job. quicker and easier to get that done because they were already working with the department. three are pending start date and we have two who are selected and in the hiring process and backgrounds. the attorney actually has been selected but is in the background process. so of the eight -- let me repeat. three already hired, three are pending start date, and two are in the hiring process and about to go through background, and then, the one attorney is in backgrounds right now, so that's where we are with those civilian positions. the two sworn positions are filled, and the 960 position is filled. >> president hirsch: what do you hope you'll have all ten in place? >> hopefully in the next month or so. background is about a two-month process for civilians, so hopefully in the next month. >> president hirsch: commissioner elias? >> commissioner elias: thank you for providing this. i think it's important for seeing the positions and how much money is being allocated for this. with respect to the duties, i know you said a retired lieutenant has been assigned to the unit. i know with the 1421 set up, especially with the d.p.a., all of the materials is set into one specific area and then a decision is made specifically regarding g.b.i. and other information that needs to be redacted. will you have a same set up because i'm trying to figure out who the person or gatekeeper is going to be once they get on staff. >> the officer in staff is the lieutenant, so that is the gatekeeper. once the attorney gets on staff, we will have the legal person with a law degree actually to help make some of those calls. that person is not on staff yet, but it'll be a similar set up at d.p.a. >> so it won't be the retired lieutenant? >> as far as the -- >> commissioner elias: making the call as to redact certain information or redact information provide to the documents being released to the public? >> there'll be a full-time person. the retired lieutenant is definitely useful and helpful in getting the work through, but the plan is to have the full-time -- the full-time -- a full-time person do that work, so it's going to be somewhat of a similar set up as what you described with d.p.a. >> commissioner elias: okay. >> president hirsch: commissioner hamasaki. >> commissioner hamasaki: okay. were you going to provide a report or was somebody going to provide a report on the civilization efforts generally to the departments? is that -- is that calendared -- or i know we talked about it a few meetings ago? if it's something we could have a presentation on, just how many -- you know, what the expectations and goals and positions are. again, this is -- i just keep hearing about our lack of available officers, and so -- >> part of that will be in the budget discussion presentation as it has been in the past, including last year. and i believe it's the requirement -- well, not believe. i know it's a requirement that the civilian conversation is supposed to happen at least yearly with the department. we usually do it with the budget conversation because it's part of our budgeting process. as you'll recall last year, we identified 50 positions to be civilianized, and we're 25 for the year 2019-2020, and 25 for this coming year, 2020-2021, and that's part of the budget discussion. >> commissioner hamasaki: that's next week. okay. great. thank you, chief. >> president hirsch: okay. anything else, chief? >> no, that was it for my report. so now, we have commander o'sullivan. >> president hirsch: good evening, commander. >> good evening. good evening, president hirsch, commissioners, director henderson, chief scott. i am commander robert o'sullivan from the office of chief of staff and i'm here to present fourth quarter 2019 audit of electronic communication devices for bias, our audit. so before i begin with the numbers and the details, i did want to provide some ba