>> we maintained all of our positions in the budget process. and when i say we will be able to hire three new investigators , that is simply to keep us at our statutory charter mandated minimum based on the number of police officers and at this point it is 15 investigators that we should have in place. so we have through the first half of this year suffered with a less investigators than we need due to some long-term absences, some retirements and some resignations but we do hope to be fully operational by september 1, and when i'm safely operational, i mean we

have the statutory minimum of investigators. >> thank you. any further questions for director hicks? ok. let's move on to line item 3-c. commission reports. >> item 2-c is the commissioner reports. the first is the commission president's report followed by the individual commission reports. >> i have nothing to report this evening. commissioner? >> just that i'm going on a ride-along soon in the tenderloin and will be happy to report how it goes for the crisis intervention training and want to know what's happening so we can build on it. >> great. i encourage all the commissioners, i know commissioner kingsley has done it but it's a good thing to do to put things in perspective. the ride-alongs are very interesting. let's move to line item 2-d. yes. >> before you move on, the line item to the next line item, i do want to report that on monday night i was privileged to attend the alice b. toklus club where chief and members of

the command staff addressed the membership of the club and they started off with a discussion about the perspective between the police department and the lbgt community and discussed various aspects of how the relationship has changed and some of the current events that happened during the calendar year which police presence is required for some of the events and how the cooperation and relationship had grown and changed over the year. it was an informative evening. i have to tell you that it was much appreciated to see how the relationship between the police and the lbgt community has flourished in a very positive way and i want to commend the chief and members of the command staff that were present there and they enlightened the crowd about procedure, about the history of the events and as a police department and they made sure that people walked

away from that meeting understanding that the police department has a great deal of respect for the lbgt community, especially those within the department as well as without and i want to commend the chief and command staff for their presence. thank you very much, chief. >> great. thank you. nothing further from the commission? ok. let's go to line item 2-d, commission announcements and scheduling of items identified for consideration in future commission meetings. commissioner chan? >> i want to see if you want to do the honors. we've been talking for a while about what we should pursue next as an important matter of priority for the commission hand has come back over and over to us again we need to address officer leave especially with regards to mental health and response to trauma and crisis and it is linked but different from our crisis intervention work and is something in memphis they actually have a separate focus point on so when an officer has been involved in an incident it doesn't just have to be a shooting but any incident that

could cause trauma or mental health concerns for the officer that that officer, they're debriefed and services are provided the officer. and officers in this department do get services but i think there is a lot of room for improvement and we as a commission, if we focus on that i think it will be quite a rewarding endeavor if all of us. >> commissioner chan and i talked about it and first came up when we had the folks from memphis here and they have a strong model and worked both sides of it and we discussed what our officers were going through and were going through some serious incidents involving many suicides and all the other issues we're starting to see when we dig deeper and say why did this officer suddenly start doing things like this. and generally there's a traumatic incident at the base of it so we want to make sure our officers are getting what they need because what they deal with on a daily basis, most people don't realize or understand, you do, chief, because you've been in it for 30 years but we want to support the officers so commissioner chan and i had this conversation so we'd like to hear from the department what

exactly we're doing and hear from others what are best practices, what can we do for our officers because we expect a lot out of them and want to give back to the officers. commissioner kingsley? commissioner kingsley: i think that sounds like a terrific topic we need to address, officers' need and we would be supportive in that in following up, though, along the same lines, i'd like the commission to address our priorities, once again, and see how we want to finish the year and go into the next year in terms of our evaluation last october at our retreat, and we did indicate that we were going to do this a few weeks ago but were going to postpone it until people were finished with vacations and able to focus and i'm wondering since most of us have probably given lieutenant falvey our vacation schedules, lieutenant falvey, do you have a date that this item would be -- that it

would be good to discuss the item of our priorities and actions going forward in terms of attendance? >> i believe august 10. i don't think anyone here is going to be out. are you? commissioner kingsley: i'll be here. >> the 24th and 31st of august, the city hall staff are going to be changing the sound system in the room so we're not going to be having our meetings here. we're scheduled for the 31st of august to have one in the community at the richmond district and the 24th in all likelihood will have to go dark. >> the 10th would be good dates for this? is that what we're down for? >> sounds about good. commissioner kingsley: two other items and these may be more appropriate for closed discussion, in fact closed session. in fact i know one s. and that is an item that the city attorney was going to present to us maybe a month or two ago

and couldn't for a number of reasons. and i think that that is an important item that we ought to again put on our calendars so that all the commissioners are aware of it and that we can make a collective discussion and decision around this item. and also for closed session, we have a personnel matter that we are discussing tonight, and it's a bit of an unusual case, and since we can't -- president mazzucco: probably should save that for closed session. commissioner kingsley: except the calendar to take action or discussion at a future meeting since we don't have that calendared in closed session, the discussion of calendarring it, i'm bringing it up at this point so that i think you get, mr. president, i think you know where i'm going with this, so if we can just bring that up appropriately at this point and

then say that we're going to calendar it for a closed session in the future. i think that will handle this matter. president mazzucco: ok. all right. commissioner kingsley: what would be a good date for that, lieutenant falvey? >> we schedule closed session items in closed sessions. commissioner kingsley: that's great. appreciate that. president mazzucco: what date do you think we should schedule this? commissioner chan, we were thinking maybe on the 24th -- excuse me. >> 24th of august? president mazzucco: no. >> what time are you talking about? commissioner chan: i think it's going to be -- >> commissioner turman: i'd like to get a priority list done first. because, you know, the whole thing is to figure out what we're going to do and if we

keep usurping, then it become as moot point. so i just -- you know, let's decide kind of what we're going to do before we schedule it. that would be my concern, trying to follow protocol. commissioner chan: i have a suggestion because i knew that would come up and makes sense to organize our priorities. and knowing the way c.i.t. worked and the way other things worked is that we should first get a presentation from the department, not a long one but a short one, where are we, how much staff do we have, what are the services, it can be a short presentation and after that we can discuss -- after our priorities we can discuss what we want to do knowing what the department status is. i think that's fine. we often ask about the status of various departments and procedures and that's not us taking action. it's just asking for a presentation as a part of the chief's report. commissioner turman: indeed it probably will be a priority because if you're going to put

it on august 24 it will come after our august 10 meeting and be there anyway. i'm fine with that. i want to make sure we put it on the list. president mazzucco: i was thinking july 28. commissioner chan: prior to the chief's report. president mazzucco: give us a little background. let's do july 28. how does the commission feel about july 27th. july 27th. nobody wants to come on the 28th. july 27. >> the 27th, commissioners? president mazzucco: the 27th. yes. ok. any public comment regarding line items 2, a, b, c or d? ms. grove. >> my concern is simple. i want my protection and to have my protection, that means my officers have to be protected. if you want to give them a presentation on how nut cakes

act, habitually when trying to accost an officer, try to kill an officer, wound or maim an officer when an officer isn't supposed to respond because the nut cakes in control, i think you better think again. the officer's life is much more important than any twit that wants to be pretending he wasn't taking his very education -- his medication so he can't be held responsible for any of his actions. that is the latest thing that is set forth here. there are so many false statements coming forth from the psychiatric profession, i consider them entirely fraud. the officers are to be protected, and i think the citizens are to be protected. they want to go around like last week with a broken bottle and knife and you get shot dead, well, too bad for him. there was an officer being buried over across the bay with on the same day they tried to have a nut cake routine on the freeway, gee, that didn't work

either. he got shot dead. that's the way it should be handled if they want to attack an officer. thank you. president mazzucco: any further comment? hearing none, next item. item 3. >> item 3 is public comment on all matters pertaining to item 5 below, closed session disciplinary cases including public comment on the vote whethero hold item 5 in closed session. president mazzucco: commissioner chan asked a question about a department bulletin. follow up? >> so the difference in the bulletin, if you look at the fourth paragraph, the district attorney -- we agreed with the district attorney's office that permission would be obtained in writing on the permission to search form prior to executing the search and that any oral permission would be audio taped. so in the past, sometimes permission would be given and then if you didn't have the form or you didn't have the

tape recorder, when you got back to the station, you would ask the person to sign the format the time, no problem, or you would ask them, hey, i'm going to put you on tape, we're going to have a conversation, remember, you gave me permission to search and you do it after the fact. so now we're requiring it to be in writing on the form or orally and on tape beforehand. if you forgot the form, go get the form. if you don't have the tape recorder, get the tape recorder and get it down before you go in. the final paragraph, the fifth paragraph is a reminder of the new requirement that came out in department bulletin 11077 where we've made so many great cases starting with the mrs. chin case at third and palu that the video we're requiring that the officers survey an area for any and all video even if it might be hand-held by a witness via cell phone and if you cannot find any video to actually put a line in the police report so that the officers know that they have to at least do everything they can

do to find it. if they locate video they have to take all measures they can to secure the video as best evidence. otherwise the rest of the bulletin is pretty much just a reminder boilerplate language of our obligations. president mazzucco: commissioner turman? commissioner turman: thank you. chief, i've read the bulletin. in fact, you borrowed mine. but i just want to point out and be clear on this, that i think that obtaining a record of the actual consent is a very -- it's a good idea, it's a good practice. also, it is tempered, however, by practice considerations of circumstances, is it not because there may be circumstances we are not for one reason or another able to obtain the necessary writing or audio recording. i'm not saying we should excuse

it in any way but we need to make sure that we understand that we're requiring this and that there might be circumstances in which this can't be practically accomplished. is that correct? >> yes, it is. but the district attorney wants us to understand that he is saying it's a requirement so we have to understand that if he decides not to proceed because we didn't comply with this bulletin that that's an expense we may incur, however we would still try to make the case as best we can at the time. commissioner turman: thank you. president mazzucco: any follow-up public comment? hearing none, public comment is closed. we can move to line item 3 which was previously announced which is public comment regarding closed session matters. as we discussed earlier, these are disciplinary mattered protect bid copely versus strength decision and the police officers bill of rights s. there public comment regarding the closed session matters? hearing none, public comment is closed.

please call line item 5. >> item 4 is a vote whether to hold item 4 in closed session. >> so moved. >> second. president mazzucco: all in favor. aye. ladies and gentlemen, we're now moving to closed sessi >> we are back in open session. >> we have the same commissioners. we are going to item number six, a vote whether to disclose any or all discussions on item five held on closed session. "move not to disclose. >> second. >> excuse me, did we skip item 5 f on the agenda?

>> that was a discussion that we pretty much already had earlier regarding the first matter. >> so those two things that i discussed will be in the close -- >> are we calendar in those now? >> let's calendar the closed session item. this is for the 27th. >> the 27 of -- >> july. >> that is to discuss the disciplinary matters that the city attorney was going to present a couple of months ago but got deferred. we have already handled the second matter. >> without objection on the motion. >> we have a motion for nondisclosure regarding the

closed session matter. >> second. >> all those in favor. >> public comment. >> item number7 is adjournment. >> do we have a motion? >> so moved.

>> reporting equipment in the room. would you please stand for pledge of alenalance. i pledge allegiance to the flag of the united states of america and to the republic from which it stands, one nation under god, indivisible, with liberty and justice for all. >> taking a roll call of commissioners. commission president thomas mazzucco. >> present. >> dr. joe marshall? >> here. >> petra dejesus? >> she's en route. >> commissioner angela chan? >> present. >> commissioner carol kingsley? >> present. >> commissioner james

slaughter? >> here. >> commissioner julius turman? >> here. >> we have a quorum of commissioners and also joyce hicks of the office of citizens complaints and the chief of police. >> thank you, lieutenant falvey. welcome, ladies and gentlemen, to the july 13, 2011 police commission hearing. ladies and gentlemen, tonight is what we call our discipline night so we have some closed matters, disciplinary hearings which by law have to be held in closed session so we have a very light agenda before that so we now move to line item number one which is general public comment. >> item number one, general public comment. the public is now welcome to address the commission regarding items that do not appear on tonight's agenda but that are within the subject matter jurisdiction of the commission. speakers shall address their remarks to the commission as a whole and not individual commissioners or department or o.c.c. personnel. under police commission rules of order, during public comment, neither police or o.c.c. personnel or commissioners are required to respond to questions presented

by the public but may provide a brief response. individual commissioners and police and o.c.c. personnel should refrain, however, from entering into any debates or discussions with speakers during public comment and public comment is set at three minutes. >> thanks very much. first speaker. >> good evening, commissioners. chief i don't see here. joyce i don't see here. my name is jackie bryson, jakkie, bryson, bryson. i live at 75 -- ore street apartment 206 at between ninth and 109, folsom and howard. first thing's first. i have some commendations to throw down. first of all, i'd like to commend the san francisco police department for their handling of the pride impromptu

rave which happened on sunday afternoon. the officers whose noses weren't as acute as mine, once i pointed out as i was dancing around with these children who had taken part and their parents had no ideas what their daughters weren't wearing. i was a guidance counselor, junior high and high school, i used to chaperon the dances and they're rocking out and drinking and smoking and i found police officers and i said just take care of it because these kids shouldn't be doing that. my main concern was that there were so many young people crowded into one very, very small space. i was very concerned about that. i got the littler ones back towards me. i had a parasol. they wanted the instant shade and i said come on, dance by me and if it gets too scary, walk out of here. and the way the officers

handled it was lovely. next year, work out some sort of crowd control plan because that scared me and i'm not afraid of no nothing. second commendation. i want to thank my boys down at southern station for those extra passing calls and it's lovely and those bicycle nazis carrying drugs, riding their bicycles on the sidewalks. thank you. and basically speaking, i say yes, sir, because you commissioners did right in your choice. joyce, i want to commend you and keep up the good work. you guys, you're a good-looking group. >> jakkie, come back any time you want. >> thank you. i shall. wait a second. i have 31 more seconds. a shout out to david lazard. let me tell you what jerry did. he figured out -- one of my

favorite genini's, you need the door unlocked to tenderloin station because it's the only safe public phone. also, he managed, jerry just did it. and joe garrity, wow. john veranda is still the cutest guy on the department. ok. thank you. now i better get my butt home. thank you. >> good evening, sir, how are you? >> good evening, commissioners, mr. harrison. i'm here to speak on behalf of my brothers children who cannot right now speak for themselves. once again, my brother charles harrison was murdered january 2011 of this year. his murderer is still unsolved. we have not been contacted in the last month as to an update to where the case is, so if

somebody can get in contact with us to let us know, i just wanted to say that you notice the streets of san francisco are not safe as long as a man can open fire and gun somebody down, not in broad daylight at night but on video and the incident is caught on video. so we are planning businesses in san francisco. we're planning boating events in san francisco, but the people who were asking to come to san francisco and patronize san francisco are not safe, as long as you have people that will brazenly gun down people and take their lives. so i'm not going to be long. i just wanted to come and just keep, you know, this out there that the person that murdered my brother is still out there and i just need an update to know where we're at, what are we doing? is the case cold? what's happening?

so that's basically what i wanted to say. thank you for allowing me to come before you. >> mr. harrison, i think the chief has something for you. thank you, sir. next speaker. >> good evening, commission. commissioners. my name is doherty peterson and i need some information. over two years ago there was a murder in our development. i'm one of the early risers, 5:30, had a cup of coffee about 6:00, saw the usual people going to work, about a couple hours later, i heard what i thought was firecrackers, didn't think anything of it until i heard all the drama, sirens, etc., etc., on my street. that's when i looked out the window. it was under control, went back to doing my dishes and cleaning my house. about three days later, inspectors knocked on the door.

of course, the first thing i asked was where did you get my name and address? they said the owners of the complex gave us your name and address and everybody's name and address. it's on, you know. a sheet of paper, standard operating procedure. i said ok. come on in. i don't have anything to hide. i didn't see anything. told them point-blank i did not see anything, just what i communicated to you, i communicated to them. so to my surprise, yesterday i got a phone call saying they were going to give my name to the defense as a witness. and i'm saying wait a minute. how are you going to give my name to the defense. i told you, i did not see anything. i don't know anything. in addition to that, the young man who was murdered told anybody and everybody who was in earshot, including the police, e.m.t., and from what i

understand, people in the hospital who killed him. in addition to that, the other young man that was shot told the police and everybody who shot not only him but the other man. i live in hunter's point. i'm 70 years old. there's obviously some drama going on between your foot soldiers and desk soldiers because when i got the call, the first thing the inspector says is i'm so sorry, i tried to tell them you don't know anything but they are going to give your name anyway to the defense. of course i called your assistant d.a.'s, first thing out of their mouth, do you want to be in witness protection program? well, duh? that's telling you that you just put my life in danger and i don't know anything. now who do i contact?

>> ordinarily, man, we don't respond to questions but in light of the situation, this is an issue with the district attorney's office and it's not the police department. and the police department, they have a affirmative obligation in any case to turn over any information regarding any witness whether the witness saw something or didn't see something. your testimony as to not seeing something is equally important maybe to the other side as that of the testimony of seeing somebody. so you need to talk to those in the district attorney's office about this issue and explain to them. >> would you like me to tell you who i spoke with? >> it won't do any good here. >> i live in hunter's point. >> i understand. >> i know what happens to, quote, unquote snitches. now, i can understand if there was consensus, in other words if the people outside said hey, give her name but no, you have the inspectors outside disagreeing with your d.a.'s