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tv   [untitled]    September 2, 2010 5:30pm-6:00pm PST

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>> ladies and gentlemen, the chair is calling the meeting to order. before we begin, please turn off any itself funds, pagers, or other electronic devices -- please turn off any cellphone, pagers, or other electronic devices. please refrain from flash photography. please stand and join us in the pledge of allegiance. >> i pledge allegiance to the flag of the united states of america, and to the republic for which it stands, one nation under god, indivisible, with
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liberty and justice for all. >> thank you, ladies and gentlemen. please now direct your attention to the roll call of the police commission. commission president joe marshall? president marshall: present. >> commission vice-president, mazzucco? vice president mazzucco: present. commissioner chan: present. commissioner kingsley: present. >> thank you, commissioners. also see it with the commission is the assistant chief of police. mr. president, you have a quorum. president marshall: thank you, lieutenant.
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this is a regular meeting for the san francisco police commission, wednesday, september 1. let's call item no. 1 and get that out of the way. lieutenant reilly: item 1 is approval of the minutes, for the regular meetings may 12 and may 19, 2010. president marshall: commissioners, in your packet you have the meeting minutes. if there are no changes, we will accept a motion. >> so moved. >> second. president marshall: without objection, so moved. there is no item number three. lieutenant reilly: that was pointed out to us. as we were working on the agenda, we failed to re-number id, so there is no item number three. -- there is no item number 3
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because we failed to re-number it. president marshall: call item four, please, lieutenant? lieutenant reilly: we moved to agenda item forc, which is commission reports. president marshall: we have a special presentation. please come forward. thank you for being here. >> thank you for allowing me here. good evening, president marshall, and commissioners, and members of the citizens oversight board. i am a member of the bart board of directors, and i am here today to say thank you. thank you from the bottom of my heart. 2009 was a very challenging year for bart. we started out the year with one of our police officers shooting an unarmed passenger, and we
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were in a world we were totally unfamiliar with and we beg for help, and your commission gave us that help in the form of your president. joe marshall did so much to get us on track from where we are now. we have civilian oversight coming to the bart police department for the first time ever, and that is because we are patterning after what you guys are doing here, thanks to joe marshall coming over in working with us and sitting through the community meetings and actually being the judge at a lot of those meetings. it being that force that allowed us to work with the community to get to where we are today. earlier this year, governor schwarzenegger signed an assembly bill 1586, which allows bart to have civilian oversight, and for that we are totally grateful to this commission. specifically, president joe marshall, for all of his hard work.
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i have a great letter and plaque -- not plaque, but certificate we would like to present on behalf of the entire bart board of directors to president marshall, as our way of saying that we could not have done this without you, mr. marshall, thank you. president marshall: wow. [applause] president marshall: thank you. [applause] president marshall: let me just say, commissioners, i accept this on behalf of the commission
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because the commission came to the rescue. for me personally, that was as tragic an event as i have ever been involved in it with all my years of community service. that shooting by the police officer, who is actually being convicted of the shooting, the subsequent unrest. having grown up in los angeles, i am familiar with that kind of unrest, and to be asked to be part of helping to develop a civilian process for bart, i am just glad they turned to us, the san francisco police commission, to be able to help push this thing and craft it. let me just say, just as important for me was the call
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that came to when you have -- when you had a community meetings. it was very charged. i did not know if we would move the process forward, and you asked me to moderate the meetings. i just want to thank them for their trust in me. they basically said, dr. marshall, if you say it is okay, it is going to be ok. so, thank you for asking me, first of all. i only go where i am invited, so thank you for inviting me, and i'm glad we got it done and i am glad that everything else seems to be moving forward with bart. thank you. thank you very much. i know i am not supposed to say this -- thank you, sir. i am just going to say good luck. and i say good luck to everybody
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else out there, too. thank you very much. >> thank you. president marshall: thank you for indulging in that. >> congratulations. well deserved. president marshall: and we moved back to the regular agenda and call item no. 2. lieutenant reilly: item 2 is public comment. this is general public comment for a time determined by the chair. this is on items under the subject matter and jurisdiction of the commission but do not otherwise appear on the agenda. president marshall: these are items that are not on the agenda. if you are here to comment on anything else, please hold it. this is general public comment. going once?
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quickly, sir. >> good evening, people of the police commission. let's talk about comstat. it is an important tool that the san francisco police department uses to track crime. we have 32 homicides to date. 32 last year. it is that up 8%? maybe i am wrong. i spoke with the captain of the northern division and we're looking at options. i think we need to look at the total picture. comstat is the right tool. i hope it is not used to in light of other people's career, sir -- to enlighten the other people's career, sir. president marshall: any other public comment? >> good evening. i would like to echo the young man's statements. comstat seems to have increased
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the homicide rate by 8%. i also note that somebody got murdered on march 27, 2010, in the booking area of the police station. i am not sure if that is included in the statistics. i am not sure if there was unrest in that case. my understanding is the young man came in with a couple of assault charges on the officer and he wound up dead at 5:45 p.m. that day, and there has not been any report of an arrest. i also note the district attorney has released the 18- year-old alleged shooter in a case. apparently there was an issue with identification, and all of a sudden there is an alleged murderer on the street. i am not sure how comstat is fixing that. also, you have this study, patrol specials.
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it sounds like that is some kind of private police force. i wonder how much this study cost. maybe somebody could address that, if anybody knows how much the study cost the city. also, just in general, like the young man said, homicide seem to be increasing. you probably want to review how that is doing anything to reduce crime. i also note that the police chief has a salary of $290,000 per year, which seems to be exorbitant considering homicides have increased. thank you. president marshall: all right. no more public comment? i am quick with the gavel. you have to get up here if your going to do it. go ahead. >> sorry. i have come here before about mind control weapons and
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electronic graphs, and i have left a body of message with lieutenant reilly, your office, the chief's office, and apparently nothing is being done about this. here is the main part in all of this. in dealing with me, so they can transmit some kind of energy bolt straight into your mind to control your thoughts and actions, it is a very high-tech weapon. nobody is really aware about it. it can transmit long range of electric pulses and something like that, and can target anybody anywhere -- on the street, inside offices, even at right here, right now. i do not understand how we can be exposed to such a weapon like this. it is a humiliating failure on the police department's part, it even the fbi, cia, and the military, who i have been contacting three times per day, and nothing is being done.
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i don't understand why nothing has happened. what is going on? i don't know. i really cannot say. why hasn't anything been done about such a dangerous weapon that we are all exposed to? if you don't understand, simplify, they can attack your mind from very far away -- attacked it and change your thoughts, stop your thoughts, and apparently a lot of people who have left, come here, spoken about it, complained about it, and everything like that. if you cannot protect yourselves -- i cannot protect myself against that. it is more deadly than a handgun. it is a deadly assault on people, using dangerous weapons. aside from this, the main part in all of this, i have spoken to kelly dunne. she has been affected by the weapon. aside from this, james ramsay i think could be affected by the
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weapon. he is out of the office now, looking into this. and jim, who has not investigated the matter for eight months, eight months. i cannot say, what is going on with this? it is a humiliating failure on sfpd. i don't know why you are not looking into this. it is dangerous. you cannot protect yourself or anybody else. do you understand what i am saying? you guys could be attacked by this weapon. you could be affected by some laser or some of my career paul's going in your mind, -- or some micro-pulse in your mind. here is the main thing about this -- stay in constant contact with the fbi and the military and everything like that. that is very dangerous.
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please be very fearful. president marshall: alright, at the last public comment? one more. come forward, sir. >> i have been a longtime resident of san francisco, and i personally believe patrol specials are a nice thing. president marshall: sir, when that item comes up, you can comment on that. this is other than anything on the agenda. ok, then we) -- ok, then we close. >> good evening. i represent a local libertarian party. i would like the commission to look at asking the police to de-prioritize unpopular law enforcement aspects of what they do and focus on the crimes that people are really concerned about, things that there is a
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community consensus behind in forcing, like theft, burglary, rape, assault, that sort of thing, and stop setting up stings for prostitution, going after small-time drug sales, homelessness, that kind of thing that there is not a community consensus behind. i think we should really be in a time of limited funding focusing on what the public is really united behind. have law enforcement really serve the interests of the people as a whole, and not persecute one part of the community at the behest of another part of the community, and have more community harmony, and i think that will garner more support and respect for the police of san francisco, which is currently severely lacking in some areas of our community. thank you. president marshall: alright,
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thank you. that concludes the general public comment. in fairness to everyone here, why don't we move the agenda at out of order once again and call item no. 5. lieutenant reilly: mr. president, we move the agenda to item five, which is a presentation by the public safety strategies group regarding the patrol special program review. this is a discussion only item. >> good evening, commissioners. i am from the comptroller's office. just a couple of sentences of introduction. it was some time ago that the police commission asked the controller's office to assist on this subject. there was also a request from the board of supervisors that we start out with our request to
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look at the issue of patrol specials. you may remember a couple years ago we did an rfq to pre qualify public safety matters on a number of different issues that were being studied by the city at the time. district boundaries, foot patrols, and general organizational issues in the police department. the consultant did some of this work, so some of you may have seen some of this before, working with the city. the comptroller's office has city efficiency under the charter, and so we work with departments to analyze services and try to get to effectiveness and public safety delivery. we assisted the police commission and responded to the board's request by contracting for this work and a managing on behalf of the city. that is where the comptroller's office comes in. i am joined by two principles
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of the public safety's strategy group. i will let them introduce themselves and their qualifications. they will walk you through the findings and recommendations in their report, and i am sure we welcome questions as we go along. as the commission said, this is a discussion item. i know there is also interest on behalf of the board of supervisors on having the same discussion at a future date, and i am available to answer any questions at how the controller's office may assist or act in the future, and i will stop right there. >> thank you. good evening, commissioners. i am pleased to be back here to deliver this report. a brief introduction of myself, and then the findings. i have been involved in public safety, specifically law enforcement, 25 years, previously being a sworn officer, switching to research
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and development. since 1994, have been working actively, helping departments across the country with data analysis, researching policies, procedures, good governance within policing, community policing, employment issues -- many of the things you do here in san francisco. i have had the great privilege of working in san francisco since 2007, and other cities like dallas, the state of vermont, the entire state of massachusetts, and about 350 other municipalities across the country. it is great to be able to bring those lessons learned it to the city tonight. >> good evening, commissioners. is nice to be back in front of you again. my name is rick. i have 34 years in law enforcement. i retired as a police chief and move into consulting and public
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safety strategies. i am not sure you need to know any other background. i have worked on all the same projects with kim across the country and enjoy working with san francisco. president marshall: thank you. >> briefly about the methodology and how we did the research on patrol specials. we were under contract with the city comptroller's office. the discussion on patrol specials and the study began in late 2008. at that time, the commission started to draft the rules that were put into place in 2009. we initially started our study in april, 2009. we came to the city and spencer will days reviewing all of the records -- and spent several days reviewing all the records, meeting with everyone of the then-29 patrol specials and assistance, members of the
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commission, members of the san francisco police department, clients of the patrol specials, and members of the general citizenry and the extended government. during that time, we looked at every bit of paper that we could possibly get our hands on. we did research on historical documents from the patrols specials. some of them were kind enough to give us lots of material on the history of patrol specials and some of the evolution. we also looked at the rules and procedures and the evolution of those and all the changes that occurred since the commission started with rules and procedures, right down to the current interim rules. we looked at disciplinary cases, we looked at actually were the beats were. there are 64 beats. the city, and that has an historical -- there are 64 beat's throughout the city and that has an historical background. we look at which ones were active and which were not, and we met with a smaller group of
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concerned special patrol clients and a few patrol specials themselves for more in-depth discussions on things as we were finding them out. some of the things that we found out i will go over in detail. but because most of you will have had a chance to chat with and all of you have had a chance to read the report, there is a lot more in the newspaper and on the television already about this. the final recommendation for the city. keep in mind, are charged with this was to look at, what is the mission, vision, and values of the of sfpd and where does patrol specials fall into that and the governance of the patrol specials, is it meeting the needs of the city and the citizenry. with that, we found what the patrol specials perform a very specific service for their private clients, that the city should invest itself of its
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public oversight. let me back into why. as i mentioned, they are providing services for private clients. they are under your umbrella. you set the rules and procedures. you handled the discipline. but you cannot select who is a patrol special. you cannot advertise the position of a patrol special and invite individuals to apply to you, and you do not have the ability to interview them or selected was working under the city umbrella. you do not have direction and control over their day-to-day activities, within city governments, when they are employees, you are able to direct their day-to-day activities. because they are paid for privately, you cannot do that. you cannot have anyone on the police department find a patrol special and ask them to go patrol somewhere else on your behalf. they do not work for you, they
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work for the private client. it is a very private business. when we look at private security in the city, they are separate and distinct and not under the umbrella of the city charter. we suggest that is how this operation -- essentially, their security guards performing security services, and like other security guards, they should be separate from the city. right now, they are afforded special privileges as a private company working within the city. some of those privileges include access to police data. on some of the web sites, which promote the activities of the patrol special, they actually say the patrol special goes into the police station, checks the crime line, listens to the police radio. they are civilians. they are not sworn personnel. they should not have access to that information. currently, the patrol specials have police radius.
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granted, they have purchased them on the run, but they are connected to the police channel. in california, there is a specific commission that oversees the use of those radios. patrol specials are not granted the authority to utilize that system in the state of california. they are being afforded a privilege they should not have. when we talk about liability, because there is some extension here of your commission and the city and the san francisco police department, you will be liable for the actions of the patrol specials. they carry limited amounts of liability insurance as patrol specials, and they have to carry workers' compensation insurance for their assistant patrol specials. however, there has already been a case filed previously by a patrol special to the city to try to