Skip to main content

tv   [untitled]    September 8, 2011 7:52am-8:22am PDT

7:52 am
in charge in portland, it would be valuable for us to hear. >> you are correct. they have a resolution. however, since this of resolution has passed, to this day, there are no portland police officers in the jttf. they are not privy to the briefings. they do as i said at my briefing to communicate on matters that are germane to portland, but not with any regional, national, or international implications to the nature. president mazzucco: have you had discussions about this matter? >> i have not. i think it would be valuable and report to us. commissioner slaughter: we have this resolution and the involvement of the u.s. attorney's office in mediating up there, the resolution.
7:53 am
the fbi decided not to support it but the u.s. attorney said, this is a great thing. and i think it would be valuable for me to understand if the u.s. attorney now however many months later still thinks it is a great thing. and would confirm or not what the fbi has indicated to you that they have or have not continued or been involved in the jttf. let's see if the u.s. attorney sees a the same way. you have cleared a blood -- a lot. closing that last loop to the extent that you can would be valuable. ultimately, i agree with you. given san francisco's status in the world, its focus, international focus, it is important we be involved in the jttf and we take that seriously
7:54 am
but we need to do it in a way that protect san francisco values. i appreciate the bureau order. i appreciate our officers are obligated to follow that then be in compliance with 8.10. if there is a way that we can more securely formalize that bureau order into a resolution, we should. but i share -- i am concerned that we do not part -- jeopardize our participation in the jttf. if you could close the last look, and talk to the u.s. attorney's of there, it would be useful. >> i will do that. >president mazzucco: commissioner chan. commissioner chan: when does the bureau order expired, the one that the chief issued recently? it does not expire at all?
7:55 am
unless it is superseded by another bayrou order. -- bureau order. >> an order could supplant it. that is not happening as long as i am chief. commissioner chan: we started this conversation, we had a joint hearing with the human rights commission 1 commissioner -- when commissioner terman was on. my concern is we have two responsibilities, officer discipline and policy-making. this mou was signed without our review and for some people, i was not hear the time, we'r were not aware of it. there were terms in the mou that did not give deference to our dgo. we need to close a look, we want to do. we had a long joint hearing
7:56 am
about this and we have not yet taken action as a commissioner. i appreciate the chief had issued a bureau order but we need to decide what we're going to do, are we going to turn the order into a dgo, or are we going to just allow the board of supervisors to do what they can also do, which is issue policy and what makes the morse -- most sense for this commission? it is an outstanding question. >> thank you. >> i do agree with you. we should take the bureau order that the chief put together with some input from the aclu and put that in the form of a dgo. where does the board of supervisors come into play? to the half commission authorities with reference to policy procedure for the police
7:57 am
department? we have been told, we will go to the board of supervisors with this and that is something that needs to be worked out. that is our responsibility. i think that we probably should and move toward as you suggested, putting that bulletin and the bureau order into a dgo. that would give people more. comfort level. -- more of a comfort level. the next chief may do something different. that is what we need to do is codify that so the commission feels more comfortable and so does the community. commissioner chan: many to make sure that -- we need to make sure we issued the policy for the department. the prior chief issue bureau orders in other matters. it was a helpful policy that we need to review those policies and codify it. that is our responsibility even if we do not what we're supposed be doing, i can see why other bodies try to do what we should be doing.
7:58 am
president mazzucco: anything else? public comment? 3b. we are moving to 3b. >> the occ directors report, a review of recent activities. >> good evening. this evening, i would like to introduce the three near -- newest occ investigators. there in the audience. i will start in alphabetical order. he worked since 2007.
7:59 am
he is a graduate of san francisco state university with a degree in journalism. if you could stand it so they can see you? thank you. the next investigator, casey green has worked as a senior claims investigator and an investigator for the public ethics commission. she graduated from san diego state university with a degree in criminal justice. thank you. and finally, ms. carmen malik was a legal conflict officer. she graduated from uc-berkeley with a double major in peace studies and english, go bears. she attended michigan state university law school. thank you.
8:00 am
now they'v occ has three journal level investigators. we do have our charter mandated minimum of one investigator for every 150 police officers. it is wonderful news. thank you. that concludes my report. president mazzucco: congratulations and welcome to the new investigators. it will be an interesting read. the commission favors mediation. we appreciate your hard work. where are firm believers this strong and incredible occ makes for a strong and in kabul police department. poa joins in on that wit twoh
8:01 am
steve johnson. any questions? >> item 3c. thepresident mazzucc>> the commg in the community. i would like to thank capt. sandford for his presentation and for officer broke the -- brophy. i said we are going to try to do more publicity to get more of the community there. i prefer to have more people there next time. the commission will take efforts next time in addition to what the district station capt. does in terms of putting out information but have the commission do a little more outrage. overall it was a great meeting and it was good to see what is happening in the richmond
8:02 am
district. their issues are different. they have more traffic issues which is a good thing. we have a presentation of a citizen who made an arrest on a burglary. it was a great meeting. those are the announcements i have. anything further? >> one suggestion as we plan, we might want to change the structure so there is more community involvement. we have the usual structure followed by public comment, there is not as much reason or draw for community groups or the public to come. we might want to think about different ways of structuring within our rules to make it more interesting for folks to attend. >> to you have any ideas? the powerpoint presentation, the commissioners chimed in and asked questions but i prefer the public jumps in first. >> looking at what are the community groups in the district. reaching out to those community
8:03 am
groups and sending a letter inviting them to attend. the meeting is 8 big first step. some captains might do that but as a commission, we should do that and inviting those groups to say something so they do not have to wait two hours to get their two minutes. that might make it more engaging. that is a good step. commissioner kingsley: in terms of getting the word out, maybe lt. halvey could circulate what was done and we could send our ideas and feedback to the lieutenant. he can sort them through and decide which ones might be effective and which are able to be carried out efficiently. >> what i have seen is most effective in getting a crowd out, a side of there being a problem with the department, is
8:04 am
an individual commissioner taking -- that is when you get a big crowd. the commissioner saying this is my baby and contacting groups. the commissioner takes a step and make the meeting. commissioner kingsley: it is a good idea. president mazzucco: any other reports? let's move on to item 3d. >> commission announcements and scheduling of items identified for consideration at future commission meetings. >> we have a pretty fixed agenda. the only thing i will raise in terms of announcements is we had
8:05 am
a conversation today regarding our community meeting next month and scheduled for the end of the month, there is some issues in terms of planning for this one. next in order was southern station. >> the capt. will not be available. we're going to our next station line. this would be the last home game for the giants. it might be crowded there. the captain will be taxed with monitoring that event. >> there is other events we have. some dignitary events. >> i want to get back on track with our community meetings. i do not want to tax the resources of the police department. one suggestion i have, maybe we
8:06 am
go to the mission district. if that is feasible, if the chief can make that happen. given what has happened in the last week or so. commissioner chan: that is a great suggestion. we have not been back there for two or three years. >> they are three away. president mazzucco: lead pencil in mission station for that meeting -- let's pencil in mission station for that meeting unless there are additions -- issues with availability. anything further, commissioners? it is time for public comment. quex of venue would then -->> w?
8:07 am
>> there are other neighborhoods. commissioner chan: this is for the last week of september. let me know in response to the good suggestion about commissioner outrage. i would be glad to do that. i am happy to invite the groups there. president mazzucco: anything further? >> sunday is the police fire moraemorial mass, remembering te officers in the fire department and personnel who have passed away, retired or active duty. commissioners are invited and it should be a good turnout. president mazzucco: it is time for public comment. mr. crew has been inching his
8:08 am
way up here. >> i do not want to extend confusion. unfortunately there is great confusion. three main points i want to make. the overriding problem here is, there is a several month track record of the fbi saying one thing to us and another thing to you behind closed doors. they were invited to participate in the public hearing you had. instead of what they did in portland which was set their hour after hour and answer questions, they're off by themselves. i need to tell you what was quoted here. it is the opposite of what the aclu was told not once, not twice in personal meetings with the special agent in charge douglas. it is confirmed in correspondence we had pending with the u.s. attorney. furthermore what i understand was told yesterday by the current special agent in charge in portland is the opposite of what his predecessor was sang in
8:09 am
public in testimony that is still -- saying in public in testimony that is on the website. what was summarized here is big news to the people of portland. one item with their -- respect to the security clearance. i spoke to the city attorney, she said the security clearance was for the civilians in process. this idea that police officers are not getting security clearance to participate when the u.s. attorney issues a press release saying welcome back, we're glad to have you involved. it can be under this resolution. he calls it a huge win for efforts for combating terror and effects -- welcomes effective civil-rights protection. which is why we need to cut to the chase and say of san francisco police officers will participate, it needs to be fully under our policies. what the special agent in charge
8:10 am
has told us twice, not that she will fully comply, she will block three key elements. if you're going back to ask these questions, keep part -- a key part is there needs to be approval for your activity in writing. approval when there is first amendment activity involved, you need to have reasonable suspicion and for purposes of oversight, for supervisor accountability, those need to be in sfpd. they form the basis of the second point, a civilian oversight, a key to the credibility of this policy and is fundamental to what san francisco has had three or authority for many decades now. the special agent in charge said we will not allow those approvals to be reviewed by the designated police commissioner even though he or she could get a top-secret clearance through the fbi's program for civilian officials. the annual audits will be
8:11 am
blocked and the annual public reporting would be blocked. those are part of 8.10. i appreciate the sincerity and the order and we put this out in writing repeatedly. as long as that mou is in place, the special agent in charge will say no, we're not going to allow all in san francisco with the u.s. attorney has said yes to in portland. last point if you will indulge me briefly. thank you. the issue of the board of supervisors, that issue about the authority may have been a problem 20 years ago but in 1995 or 1996, the city, the voters approved a charter change that limited the effect of that non- interference clause. >> we want to get to the bottom of that. >> we have been working on this issue and there have been hearings, there is no reason for a delight. if the board can pass a community policing ordinance and the voters were told when they
8:12 am
approved that charter amendment that the board has the authority to set objectives -- i do not want there to be any mistake that we're going into a morass of some long, questionable legal opinion when it is clear that somebody needs to stand up for some francisco policy. -- san francisco policy. >> it will be this commission. >> thank you. president mazzucco: 6 speaker. -- next speaker. >> commissioners, chief of police, good evening. i would like to bring up something, i want to find out what happened to the encaption we used to have. is that gone completely or does anybody know? i will start briefly.
8:13 am
what i would like to see some time in the future relates to coming up to 9/11 and the anniversary of the attack of new york city. if you studied the problem, it was compounded with japan. they had the same problem. the fire department could not communicate with the police department. that communication network in japan did not work. at the time of the reactor explosions which is the problem in new york city. the firemen could not talk to the police, the police could not talk to the army, the army could not talk to the navy, the port authority. i do not know of that has been corrected here. if there is open lines of communications or not. i live on a boat and i see the coast guard almost nonstop. i do not see any representatives here or is there a joint task
8:14 am
force with the sfpd meeting with the coast guard, meets with the army and navy, there is open lines of communication in case of a national catastrophe like new york city are japan, or is that something above the head of this commission? it seems to be a problem today. communication is the biggest problem and 11 agency cannot communicate with another, on any natural disaster or for a disaster, it creates a big problem. i do not know if you meet with the coast guard or the air force, or the u.s. army, or the port authority, or some other paramedic divisions in the city, that there is open lines of communication at all given times are not. it is pretty much stated that the firemen that died in the world trade center in new york city, they were heroes, there is no doubt about it, but they had
8:15 am
no lines of communication with anybody outside the trade center. their phones did not work. they got no news at all. i do not know if that has been updated hear from the sfpd or the commission or to work on any of that but i would like to see it as a future topic of discussion if it has not been worked on in future meetings, of some sort of joint task force between all levels of a military and the sfpd and this commission, between lines of communications, particularly on anniversary dates of 9/11 and other events. thank you for a time. president mazzucco: next speaker. i > >> i am holding in my hand the same controller's report i held the last five other meetings i attended. it is over one-year-old. i apologize if i missed the meeting or you acted on its
8:16 am
recommendations and disbanded the patrol special officers association which is constitutional and illegal and commits crimes. i hope you have done something while i have been away. i fear not. as bin over year. i am a patient man. after what i was put through by these criminals, i will keep waiting patiently. dr. marshall, you have been trying to get something done on this and hopefully, you can do so in the next three months before the end of the year. jane warner has been dead for three months. it is time to act within the lot and get these folks, you have done a better job recently. they are wearing the proper uniforms, they look like they're doing what you told them to do 25 years ago. they need to go. the controller told you that. the liability of the city grows with each passing day. thank you. president mazzucco: next
8:17 am
speaker. >> we do not go back and forth. patrol specials are controlled by the city charter. that is mandated by the voters. we can regulate patrol specials as we have done, change the rules and procedures but their existence is mandated by the charter which will require a voter referendum. thank you for your presentation this evening, mr. crew. i wondered if the department could get clarification on the three points he raised. we hear one thing and another. i apologize -- whoever can do that could ask special agent douglas what the answers are. anything further, commissioners? public comment is now closed. line item #4. >> approval of the awards committee recommendation, an
8:18 am
action item. commissioner slaughter: 50 is ok with you, i thought it would introduce this item to say i had the privilege of attending the awards committee deliberations three weeks ago at the hall of justice and heard the presentations of the heroic activity and accomplishments of some tremendous officers, men and women who served this city selflessly and put themselves in harm's way. on a regular basis. i know the awards committee meets periodically. in this session, we had a particular number of situations of officers quite literally running into berburning
8:19 am
buildings and saving scores of people. i could not have been prouder to serve on the commission and to hear the stories of heroism by our officers and to see these awards voted upon by the command staff. i urge each of view to attend the committee doublet -- deliberations at a future date simply because it -- we grapple with tough issues and policy and we have to grapple with discipline. it is gratifying to be able to sit and listen to stories of the hard, selfless work that goes on each and every day by the members of the department. the description is in your package. we can have any discussion but i wanted to lead off that way. thank you.
8:20 am
president mazzucco: i would like to rotate the commissioners through this. the process is interesting. you learn about the heroism of our officers and quite frankly, the command staff, so the public knows, everybody above the rank of captain and above votes on this and pretty much 95% to 100% of the staff show up. commissioner slaughter: it is mandatory. president mazzucco: it is amazing. commissioner chan? commissioner chan: >> i am glad commissioner slaughter was able to attend. i do not have anything more in terms of description of what each person dead. i will take on faith, i am sure it was amazing. -- i do not have anything more in terms of a description of what each person did. i assume we are going to approve
8:21 am
this. it would be good to be informed as we vote on this. what i notice from a list i have is we have a number of fish, officers and some divorce last names. i a -- fema officers and some diverse last names. >> just to pick up on your last comments. it was in every respect a gender blind, color-blind event. officers of every -- that reflected the city were being recognized and awarded. the membership of the department reflects the city.