we are currently working on an entirely new -- discharge in at or from and using vehicle is listed under prohibited circumstances. it was not prohibited when the circumstances found under the three major circumstances. the executive research forum for the assessment report they did in december, did fascinate recommended that for the language be added to clarify our policy. our own here study completed in january of this year also made recommendations for this issue. the stick of the study at the five areas for improvement including driving -- to incorporate driving tactics. the hope is that this would be

useful. this is currently prohibited but this is concurrent and something that will be in the near future. it would provide officers with valuable tools to keep these for being used offensively. it concluded that firing at a moving vehicle presented a number of risks. studies show the potential benefits are few. other major police departments have policies that restrict this practice. the language you have seen comes from several different sources including two reviews. in regards to the new use of firearms, we are currently working on the project right now. we have examined other policies. we have drafted a proposal and

we're ready to present to our command staff for review. i am happy to answer any questions that you have. i want to point out that the revisions will encompass some of the changes that have been addressed through department bulletin that we are discussing right now. the department a general order was overdue to be revised anyway. >> ok. thank you, sergeant. i will turn it over to the

commissioner was very active in this issue. we should make clear to the public that there is a general order and just as a temporary fix, there has been a departmental bulletin. maybe you should explain that when this is issued, how do we guarantee that every officer has seen this and read this? >> this was an important bulletin meaning that all of the officers are actually required to sign for it. this is data done june 3rd in 2010. due to the fact that we will revise the use of firearms policy in the near future, this will encompass changes that we have already looked at. the bulletin takes effect as current policy because the cements the general order while the general order is in the revision process which is now. what you see in the bulletin is

current policy in regard to our apartment. >> thank you, commissioner. >> i have a few questions. the issues have come to our attention because this has been happening with some frequency where officers are in dangerous situations and they have been firing at vehicles. the general practice has been to avoid this situation, but. there's a problem with a 3,000 pound or 4,000 pound missile hurtling which no one driving. there's nothing here to be in either or situation, in that police have to give up their safety and sort of become a sacrifice. is that correct? >> that is correct. anything that has to do with the use of force and that includes firearms, will be looked at

under the fourth amendment reasonableness standard. we will look at everything on it case by case basis and look at all the factors. the two nuances that i read in this bulletin become important. an officer has the right to use deadly force if his or her life is in danger, is that correct? >> yes. >> rather than standing his or her ground and she did at a car -- and shooting at a car, this

directs officers, if they can come to get out of the way rather than trying to shoot and stand their ground. >> yes, the major plan would stand out in the bulletin, the firearms will not be discharged unless a person is immediately affecting the officer or another person with deadly force. the other item that ec talks a lot of reasons why there is tactical disadvantage to engaging a moving vehicle. this gets into moving to an area of safety, moving to an area of cover. >> the idea is for the officers to move out of the way rather than standing his or her ground. that sounds like a major new ones. >> what your seeing in the bulletin, that is something that is important for training purposes. we have officers better training. we are trying to explain that

there are tactical disadvantage to engage in these threats and that cover is an option that we want our officers -- >> how long have you been a police officer? >> 15 years. >> did you think that you could stand your ground? >> to be honest, it confused me because this was listed under prohibited circumstance. if you read the specifics of the language, if it falls under the permissible circumstances, this is permitted. i was always confused. there is reason why it is under prohibited circumstances, but after the same time they said that if it falls under the permissible circumstances, it would be okay. i was confused by the language. >> that is why i'm insistent that we bring this to the commission and hopefully our

officers can hear the policy. the officer should have the right to do whatever they need to to protect their lives. the question is how to maximize citizens on the street. in any use of force review, anything is judged on a case by case basis. i have yet to see two shootings that are identical. there are differences for every other shooting. i am reminded of that every single time i go to the casino

because there's always something new. this is consistent with what the supreme court told us to do. >> the policy was confusing. as discontinued? >> it has not been found >> when the bulletin came out, i was one of the first officers. i was involved in the it is officers training. we immediately if icing people of the report and recommendations that came out of for the bulletin. at this point, we're explaining

that here is what the chiefs signed off on. we're trying to give the officers they had sought on what is coming down the pipe in town the -- down the pipe. we want to make sure that officers understand under training well. >> i would just ask and that we do about -- this is really our province to consider this in public comment and a vote on this. i think that we should do this as soon as possible in january. in either or. no one is trying to tie the hands of the officers to defend themselves, but how do we do this in a way that is not cause

injury to the innocent life? but we have been getting this with training. >> that was your answer when he started talking. this is six months ago. i'm wondering why this is wonden now -- >> we ask for it to be brought before the commission. commissioner davis: i wonder why it wasn't a sooner. shouldn't we just pass new rules? >> and the general order to affect july 14 and it was five weeks after the bulletin was issued. commissioner davis: it is not retroactive, right?

>> as of june 3, 2010 to where we are right now. commissioner davis: in terms of behavior that has gone on so far. if the behavior that was inconsistent and before this issue, it is not in violation of this order and is not a retroactive -- >> the bulletin is not retroactive. >> when can we expect the dgo? and are you going to confirm with the occ? >> they will shepherd this whole thing through the process. the role that we were playing was to actually go out and put something on paper. we are very far along in that process and we are ready to meet

with the command of our department. at that point, they are going to ensure -- even the city attorney is already involved in the process now. and after that, it is my understanding that it would be ready to come forth you. >> the people that have interest in this are taught to? >> i am sure that will happen. >> we have had a number of these over the years, and every time we go back in here and we get one of these pieces of force, it is really good that we put it in this form, a bulletin.

even though it is not in that format, it is the law of the land. i just want to make sure, i know every instance has its own certain stance. but to me, it is pretty clear. if i am wrong, i just want to make sure that i am not misunderstanding that. those other cases that we have seen. >> be vehicle being considered the only weapon. and placing yourself in harm's way, we have a number of those, too. it means to provide some clarity because the other thing i have heard is the policy has

not been clear. this seems to be pretty straightforward, and although each case has its own circumstance, it seems to me to be pretty clear how you should act in these circumstances. if my perceptions are correct, just tell me. if i was an officer and i read this, i would have a pretty good idea of how to act in those circumstances when there is a vehicle involved. >> this bulletin would be part of the review process from june 3 of this year and to where we are today. >> this bulletin, the wording appears clear, but it doesn't seem to have worked out like it is supposed to. we have seen a couple of cases where they have not been followed.

i wanted definitely encourage you to confer and get their take on this. and try to get us with a set date. i am wondering january 26, the last wednesday of the month would be reasonable time line for the community meeting? 12 as though we have, it looks like. >> i want to commend the city attorney that has been working very hard on this. she might be a good person to ask, commissioner. >> it might be hard to come up with a date with the holidays coming up. it might be hard to get all of the parties together and have the meeting that is required.

i would suggest that you look at the first meeting of february if you want the documents to go through a thorough and comprehensive review. >> we will do that for the first week of february. >> thank you very much. >> the occ director report and recent activities. >> members of the audience, you already have the statistical report on your consent calendar. but also in november, the facilitated the mediation of three complaints.

in addition to our investigation and mediation activities, will also participate in every. we describe our functions to individuals that were interested. that concludes my report. >> the commission president's report and the commissioner's reports. >> i did write a lungs on saturday with the men and lemon of central station during the daytime. being a prosecutor means informed being -- means being

informed with what is happening on the streets. this dovetails with one of the biggest issues. in that four-hour. -- four hour peio,d the -- period, they were union square shoppers. people that were mentally ill are sitting there talking to themselves. the treat them with compassion. they are committing small crimes in trying to urge them to move on. two of them said they were immediately contacting the occ . the officers have to deal with quite a bit out there in the streets. they are not psychologists for psychotherapists. it turns out one of these people

as a convicted sex offender. again, the work was great. a call came out over the air, and the cooperation of this one call, a woman got off the bus in chinatown and her 6-year-old son did not get off the bus. immediately, they had a cantonese speaking officer there and we had officers coming in from the motorcycle units volunteering to stop the buses throughout the city. she had a disabled child and shopping bags. it was incredible. if found them heading back and walking back to his house. it was a pretty scary thing. again, i urge all of the commissioners to do that. i rode with a very experienced

police officer. they just received the award. how incredible experience. we are having a meeting. we're going to deal with these issues. we're going to have a full period about officer issues. lead to get the message out that the officers are getting the brunt of this and we need more participation from other agencies. i would like to hear from the officers. one guy they couldn't even arrest because it was a high of unit. it was amazing what they did. we are going to have that meeting and i want to make that a priority with the commission.

there was recently an officer- involved shooting. and the call to service was numerous. the offices are picking of the brunt of that. that is my report. i apologize if it is of little long. >> this is a follow-up to the same thing as your ride-along, commissioner. i had a right along scheduled for the bayview district in january, and i am arranging with captains who were the other is to have a town hall meeting that occurred last night and i attended that. there were about 30 neighbors in the area that attended that meeting together with the captain as well as the

supervisor of elections. the object of the meeting was to talk about citizens' concerns in the neighborhood and around pedestrian crossing, and in particular, the bridges and whether there should be partial closures or whether there was lighting or other preventive measures that would be like a partial closing. there was not a resolution last night, but statistics regarding those types of crimes were provided by the police department. it was enlightening to be there and hear some of the concerns of the neighbors and how they are addressing it. in getting the concerns.

>> i am not sure if the assistant chief wants to speak to this, but i know that chief gaston is sending 3 sfpd representatives to memphis to ride along with their police officers to observe how they respond to the mentally ill using a crisis intervention teams. in this area of making policy recommendations of how officers could interact. commissioner hammer: in the issue of dna and rape cases, we

hear the horror stories. i have some good news is that i want to share. listen to this. rickets have to be picked up within 72 hours in the department is committed to testing every single rape kit incidences' go within 14 days. compared to where we were six months ago and five years ago, it is manhattan, a great problem -- it is a stunning and great progress. i wanted to mention the woman that was murdered.

they sat there for over two years, and while and sat there, the man raped other women. if we had tested that sample within 14 days, we would have found a hit because he was in prison for slashing a woman in the face with a razor. this is real life and death kind of stuff. it is really together with capt. -- really making tremendous progress. and for them to come back with the commission on where they were, cuda's to them -- kudos to them. >> any public comment regarding

the chief's report? getting quicker, clyde. >> i would like to clarify the murders. [unintelligible] >> dr. marshal wants to pu tyou ot you on the payroll . >> this in the afternoon chasing around drought santa clauses. -- drunk santa clauses. [laughter] >> it wasn't me.

>> anit was quite the scene, i tell you. item number 4. >> routine administrative business. >> just a reminder that next week closing commission meeting will be a medal of valor ceremony. it will be at 5:00 p.m. december 15 at the mission bay conference center. 1675 owens street. >> that is part of the new mission bay complex. i strongly urge the public to be present havre the award of these metals of valor to the officers. there are several gold medals and bronze medals.

their heroism is just incredible and there will be a full presentation. i encourage everybody to attend. >> are we also dark on of the twenty second at 29? in-house-- 22nd and 29th? i just wanted to let everybody know. and >> we were looking in january. we will post that since we have it. we have been the contact of northern station.