Skip to main content

tv   [untitled]    July 26, 2010 5:32pm-6:02pm PST

6:32 pm
commission and to a full press conference to announce the results. the lab worke that was requested has been done, has been completed, and at some point we could i agendas that -- we could put that on the agenda. >> my other question, chief, sometimes the attorney general's office to take a long time making a decision. i would just request sometime by which if they have not made the decision, that we have irresponsibility to get some report in the department -- we have the responsibility to get some report and the department. >> we can talk about the administrative fixes that have been done. we're trying to avoid a
6:33 pm
recurrence that has not been noticed. we can never guarantee that human beings will not commit crimes, but we can guarantee we will have systems that pick up quickly. we are in the process now of handing out the criminal side of internal affairs. we have a new command structure within the lab. we have a supervisory structure. we are in the process of reducing the workload to make sure we never put our people back in the situation where they were before, where the workload was way above what it should have been. and the budget just passed today, so we have funding that will make possible the removal of this backlog. another problem was we were underfunded for the work, so the lab as it is currently configured today is and will continue to function based on
6:34 pm
best practices, whether a combination of outside sourcing of internal worked. obviously, it will continue to evolve from this, and eventually find the right point as to what kind of configuration we want to have, whether it needs to be a smaller lab with a combination of outsourcing and internal work or whether we want to get it all done internally. that will be discussion, quite frankly, that would take more than a year to finalize, given that we have to be out of the current location within a couple years. there are still no plans to where we will move to. we are involved in some negotiations, but this will be an area that it would be better for closed session as far as relocation. the point, what is important is, number one, the lab is functioning today according to the right set of protocols. it will only get better, because
6:35 pm
now we have the funding to hire additional people and get the work done so we don't have a backlog. thanks to your work and that of others, i think one of the problems with this piece of equipment that has been sitting there, it has to have i.t., but it is not a department i.t. problem. it is beyond the control of the department. the priority and a supervisor talked about the frustrations of trying to get this equipment going -- the prior dna supervisor talked about the frustrations of getting this equipment going. this is much like the other system that was sitting there five years, not functioning, and we hope first district will be up and running by this fall and we hope to and have the entire police department functioning with an automated records management system by the spring. but there has been tremendous underfunding of i.t. in general,
6:36 pm
and that has impacted the police department and other parts of the city. those things will be corrected as far as the of i.t. the current operation of the lab today is sound, and it will get better as we come up with different protocols. the prosecutorial decision as to whether to prosecute and how to prosecute, obviously we don't control them. we have been waiting on the adman -- admin communication piece of it before we move forward with administrative discipline, but that is all part from the running of the lab today. the running of the lab today is running well. the work that is being done is being done according to good practices, and obviously the backlog is being addressed. i think we need to segregate that from the discipline or the criminal side, because although they are kind of connected, one
6:37 pm
can go forward without the other, meaning the lab can run well and move forward regardless of whether the case is prosecuted or not. eventually, the administrative solution to any misconduct or negligence by personal involved in this case. commissioner hammer: i would defer to my fellow commissioners. i don't know without pushing my colleagues if we should set a date at some point, what we can do in public or closed session, to put a final coat on it. i am open to whatever my colleagues suggest. president marshall: commissioner? vice president mazzucco: if we get some idea of where it is going. we understand the criminal side is out of our control. that is what the attorney general and district attorneys do. we could have more of a closed- session read on that and the parallels and personal matters. we have to go to close session anyway.
6:38 pm
if we could do that may be. then we will have clarity on that. >> i think if we set up a couple of weeks out in closed session, which have a more full discussion and determine -- we could have a more full discussion and determine what we do with public disclosure. again, the structure of the lab and the running of the lab, we have partially discussed that. it is fine to get it out there. i am only concerned about any public disclosure at this time that may compromise the prosecution, and it is important of a closed session discussion first. commissioner hammer: great, thank you chief. president marshall: madam city attorney, we have to put that on the agenda? ok. all right. thank you. >> we will look at a couple weeks out?
6:39 pm
commissioner hammer: sometimes we do a closed session, pending the outlook of the criminal. once that happens, the chief can report on that as much as he can after that, taking names out, so the public understand what was undertaken. >> very good, great. emmett is it two weeks from now, three weeks from now? -- >> is it two weeks from now, three weeks from now? >> basically, for closed session hearing, we will give you an update. frankly, we could do it tonight. is is that we cannot because it is not on the agenda. so that is not a problem. that is a discussion to have with the city attorney to prepare the proper counseling as to how this should be done. >> two weeks from now? >> that would be fine, if that is ok with the commission. vice president mazzucco: i would also point out one thing, we
6:40 pm
might have a very light agenda. president marshall: ah. ok. we have that in two weeks. >> change it to three weeks from now? vice president mazzucco: i would say that, or maybe the litani can tell us if the case we were going to hear is falling apart -- or maybe the lieutenant can tell us if the case we were going to hear is falling apart? >> commissioner, we have been served with motions to continue on both sides of the matter that we were scheduled to hear next week. president marshall: there were a couple of pieces that we were going to stick in there. we could do it next week? >> that would be ok. next week. president marshall: great.
6:41 pm
that concludes your report, chief, i believe? >> yes. president marshall: we move onto the occ director's report. director hicks? >> good evening. it this evening, i evening,occ complete statistics and mediation statistics. as of july 20, the occ open 516 cases and we closed 482. we open 30 more cases than we have closed. during the same time last year we open 5 stoddert 62 cases and closed five under 41. -- 562 cases and closed 541. this is an 8% decrease in cases opened as compared to the same time last year. as of july 20, we had for under 15 pending cases -- 415 pending cases.
6:42 pm
today, we have sustained a 39 cases. during the same time in two dozen 9, with sustained 27 cases. this represents 44% increase in sustained cases. the sustained rate is 8%, which is more in line with the historic average of sustained cases since around 1996. today, the occ has facilitated the mediation of 20 complaints this year, compared with 45 by the end of july last year. so far this month we have had three mediations. that concludes my report. president marshall: anything further for the director? vice president mazzucco: thank you. >> you are welcome. president marshall: alright, commissioner reports. i don't think we have anything
6:43 pm
to report, commissioners, do you? vice president mazzucco: briefly, i spent parts of this week presiding over two older cases on the docket another commissioner had that i took over. one is resolved, one is not. that hearing will finish up in august. but it is an arduous duty, but hopefully one of them will be resolved by the end of next month. president marshall: any public comment on these items? seeing none. item number 4. >> item four, mr. president, is routine administrative business , commissioner announcements, and 4b is the schedule of items identified for future commission meetings. under 4a, i will announce the assignment of disciplinary
6:44 pm
charges filed in case number alw c-10-158 to an individual commissioner for taking of evidence on a date to be determined by the commissioner. similarly, the second assignment of disciplinary charge has been filed in case number alw c10-169 to an individual commissioner for the taking of evidence on a date to be determined by the commissioner. i would recommend in an effort to balance the individual case dockets of the current commissioners that these matters would both go to commissioner dejesus. since she is not here. i'm not trying to be funny, but to balance the duck -- balance the pocket, and subject to reassignment, that would be my recommendation. i am sure i will be getting a phone call tomorrow morning about this.
6:45 pm
there is nothing further on 4a. 4b is scheduling of items identified for consideration at future commission meetings. president marshall: alrighty. i think the lieutenant has let us know that august 11 is law enforcement appreciation night with a game at the giants? >> that is correct. president marshall: i guess asking if we want to continue that this year. that would be august 11. vice president mazzucco: if it would let officers attend the game, i would be in favor of that. commissioner hammer: i have attended the game before and the
6:46 pm
giants put on a good production. our law enforcement officers families who died in the line of duty in oakland, san jose, san francisco, the surrounding areas, it is a class act. it in honor of those officers and officers who want to attend, i think that would be a good idea. president marshall: i think that is agreed by everyone. commissioner hammer? commissioner hammer: thank you. two minor matters. we had discussion here about the possibility of tweaking the rules in terms of discipline. one of the weaknesses is the hearing officer procedure, the case is set out, it floats, and it drags on at times. there's also a provision that the hearing officer then files a report with us. i'm told that can take two, three months at times. i like to put on an agenda of discussion and possible action on two possible tweaks to that.
6:47 pm
one is setting a timeline on a case that is set to a hearing officer, perhaps 14 days or so, that if a trial date does not come up we could come back to us. the second would be the hearing so that within 10 days, a much shorter report. we'll have to read these transcripts. i don't think we need somebody else to read them and digest them to read them ourselves. i like to put on the agenda a couple of minor tweaks to that hearing officer provision so what would work better for us. i am open to whatever commissioners would want. vice president mazzucco: i agree. it also made to expedite it further, maybe we should ask for the hearing officer to come to the commission in closed session and have the hearing officer explain to us what their position on the case is without having to put it in writing. obviously, the ultimate decision is made by the commission after reviewing evidence and transcripts. the written report is merely a recommendation, and to do that
6:48 pm
verbally and is much more expeditious. commissioner hammer: that is a better idea than i have. we want the flavor, the color of what happened. there is no reason we cannot have a 10-minute oral report. i just see that sometimes we wait three times for the report and we have to read the transcript anyhow. whatever is best, so we could put that on the agenda, i think would be a change we should talk about. president marshall: so review and craft something? is that readily agreeable? commissioner hammer: i would be happy to. president marshall: i am assuming we discussed this with occ? commissioner hammer: there was a meet and confer. president marshall: so we want
6:49 pm
run into that issue if we tweak it. why don't we get that all of that in order before you bring it back, ok? commissioner hammer: i will work with commissioner mazzucco, and if we have to me, i would add to process. am i would just like it at a signing a commissioner to each and every case, even if there is a hearing officer, just like the regular court world when you have a magistrate judge is still assigned to a regular judge. so the commissioner does not do much work, but there should be someone tasked with knowing what is going on. commissioner hammer: we will put that in the draft as well. the only thing i would suggest, i know we are ready have in the rules the first meeting of the month we get the full reading of all the cases on the docket. i think it would be helpful to us, one of the numbers that came out i think the last count, there were 10 officers on light duty because of discipline charges pending. that is far down, but that is costing the city a lot of money
6:50 pm
and gives less people for the chief to deploy on the street. i think if lieutenant bradley could help us prioritize that it, so they can get back on the street or which it -- or whatever should happen with them. perhaps lieutenant riley can report back on the first meeting in august. president marshall: all right, anything else? all right, we will take public comment on the item 4 a * b. none. we will move to item no. 5. >> item number five, mr. president, is public comment on all matters pertaining to the closed session. closed session is described under items 7a, b, and c. 7a is pursuant to government code 54957 administrative code 67.10, personal exception,
6:51 pm
discussion and possible action to adopt findings of fact supporting the commission's decision given march 17, 2010 in case number kmo d08-013 and jwf c08-014. the second item is pursuant to government code 54957 and 67.10, discussion only conference with legal counsel anticipated litigation. the city as defendant, number of potential cases being one. president marshall: i don't think we're going to need item 7c. we will just plan to go into closed session on a and b. so we move to item no. 6.
6:52 pm
>> item six is to vote on whether to hold closed session. vice president mazzucco: so moved. commissioner hammer: second. president marshall: without objection, so ordered. we will move in to closed section here. >> ladies and german, the commission will be retiring into closed session at 6:15 p.m. on items 7 and b on the agenda. it president marshall: [6:52] >> commissioner, it is 6:52 p.m. and the police commission is returning from item's 7-a and 7-b. commissioners mazzucco and hammer are here. and with permission, we could mope move to heam 8.
6:53 pm
vice president mazzucco: item 8. >> item 8 is vote to elect whether to delose any or all discussion held in closed session. >> item 9. >> item 9 is adjournment. vice president mazzucco: and the meeting is adjourned. secretary reilly: and the meeting is adjourned at 6:52 p.m.
6:54 pm
>> welcome to "culture wire." on this episode, we visit with one of the arts commissions very special teams. >> the asia-pacific island cultural center receives help from the census but our commission. john mean today to talk about in off festival is the executive director. welcome.
6:55 pm
i understand this is the 13th annual festival. can you tell me the name? >> the name is a celebratory name. we also celebrate what we call the asian-pacific islanders as well, in terms of culture, experience, and multidisciplinary arts. >> the festival is actually very wide-ranging. you have 16 venues, and how many different performing arts centers? >> we have over 85 artists participating, 16 venues, 21 events. there are over 15 groups that are performing. >> there recently kicked off at
6:56 pm
the beginning of may and will continue through june 13? correct? >> that is correct. unlike in the past years, we have had to expand the festival because there has been so much activity and so many people want to be part of the celebration. we're very honored and pleased to have the festival going all the way into june. >> we're kind of coming in on one of the groups. >> francis is one of the pioneers of the asian american jazz movement and is also one of san francisco's very own. we're very honored at the cultural center that we can be part of the program. >> an addition to him, what are some of the other highlights of the festival? >> we have three gallery openings in the festival. one is called reclaim, which is a film art.
6:57 pm
the others are receptions that are happening at four different the supervisors' offices. the other is called mining the creative source. >> think you for sharing the content with us on "culture wire." >> thank you very much. >> it is in celebration of the 40th anniversary of the strikes at uc-berkeley of the study of ethnic studies. it is a celebration of that history, as well as some of the other items. >> what led to this multidisciplinary collaboration? >> i am from san francisco, and from the 1960's on, that is the aesthetics. the poets, working with the musicians, dancers, the waitresses, the jazz club, actors, whatever. the idea is we are all a
6:58 pm
community and we share this common story. >> did you reach out to the dancers? how did it come together? did they come to you? >> the choreographer and dancer actually was a student of mine and residency in cameron house and chinatown. i developed a friendship with her over many years, and also with the spoken word artists. i met him at a benefit at one of the benefits in chinatown. it is part of that ongoing really rich relationship building that happens in our arts community. >> i got a chance to hear a little bit of your performance, and i am a big fan of john coltrane, and you play a phenomenal sax. can you tell me a little about your musical influences. >> a particular piece about john coltrane was he reached out to
6:59 pm
asia and his global vision. as an asian american growing up and coming up in this country seeking some recognition, that was a very meaningful, making that kind of contribution. i really owe a debt to john coltrane for recognizing my culture and uplifting it as part of the music as well. >> i know that your family history is really rich and complex in terms of illustrating how the chinese has occurred over the last two centuries. it could talk about that? >> it began in the 1870's, when my great grandfather, instead of coming with everybody else to the united states to build a railroad, he went off the coast of madagascar are. -- madagascar are. he met a woman there who is creel, african-american, french,
7:00 pm
and chinese. they married, and they had family, and i am the product of that. growing up here in the bay area, we have some influences because it is the gateway for emigration. from many countries. you walk down the street, you are participating in that mix. in my music, i really want to express and represent that kind of topic that goes on in the streets. it is the most exciting part of being here. >> francis, thank you very much for being part of "culture wire" and thank you for being one of the great artists of san francisco. >> thank you so much. government television.
7:01 pm
>> good afternoon. everyone hear me all right? ok. i will try to talk loud, but sounds like the mikes are working. thanks for coming, everybody. welcome to the new great valencia street. i'm the director of public works in san francisco. it is a great honor to be here with you and all of the great folks we have around us. it is great to be here on a great day for the mission district, a great day for the ci city. the san francisco department of public works at the mayor's direction was able to secure $6.1 million, $5.3 million of which was federal funds, to make this project happen. i do want to acknowledge the u.s. department of transportation, the metropolitan