i agree with all the suddenness that have been expressed for it we should schedule this for discussion as someone to. it may or may not ever be perfect to have a single action item, but the next week, we have had our first serious one-on-one sit down with mr. crrew and ms. duval. i do not have a specific date but i agree we should get it on the calendar in the next couple of weeks for discussion. i am sure mr. krug will be here to answer questions if you have them. who will make sure the chief is available that date. i can present, at that time, what i have learned a, what my views are, and i can answer questions from fellow commissioners and we can decide whether we want to do something

for. i am not sure -- let's get it on as soon as we can. president mazzucco: i am about to volunteer commissioner determined to work with commissioner slaughter on this issue based on your prior experience. commissioner turman: i would be happy to. i have engaged in e-mail discussions with mr. crew and ms. duval. vice president marshall: traditionally, what we have done is let people are familiar with these issues say they are ready. president mazzucco: that is what we need to do. i will continue to work with both of you. we need to address the question and how we get it on the agenda. i think we need to continue to work with mr crew and ms duval.

i do not think we are ready to calendar something tonight. commissioner turman: i am ready when you are ready. commissioner chan: thank you for taking the time to answer this question. president mazzucco: now it is time for public comment on items 2a, 2b, 2c, 2d. >> i want to respond to what commissioner kingsley had said about our reach to the community and president mazzucco mentioned we have the outreach to deal with this activity. it is crucial that we act on it. we do not know whether the concerns that are being talked about here, the fbi will allow the occ to investigate those cases. i talk to you yesterday morning about a the incident. i have since given the authorization, she has not

talked to the client. to describe the situation which as happened over the last month or two, a south asian man, a muslim, contacted by the inspector of the sfpd and says, "we just wanted to talk to. leaves a number, the individual calls back, and it is the fbi. they said that what the individual to come down and talk to us. he scheduled a meeting and after reschedules the meeting, given what happens in the meetings, he calls an attorney and says he wants to be represented. the attorney then calls this sfpd inspector back and says, this gentleman is represented. we want to know what it is about. contact me. the inspector, is par for the course for the fbi, ignores that request. ignores the request for the attorney and independently call

the gentleman back. this is the common tactic that the fbi is using. we do not know where those questions are going to go. this never happened. you have a viewer order that says you must comply with california law. that means that that inspectors should not be enrolled unless there is reasonable suspicion, some criminal predicate. what is happening in the voluntary interviews all over the country is they use these to gather information about your beliefs, associations, with no criminal predicate. i have buried you with material to prove that fact. if that is what is going on here, that is a violation of your bureau order. i would also respectfully suggest that when someone in a non-urgent, non-criminally predicated situation context my attorney, not me, it is good community relations to respect that request. even though we do not have a

traditional suspect. on your general order that says you treat everyone with courtesy and respect, you may want to not follow the fbi. we have talked to the fbi and they have told us, if we can do it, we are going to do it. the excuse we got initially was that we want to hear it from the client that they are going to assert their rights to an attorney. when i responded that the client send you a letter on his or her letterhead that he was represented, will you not contact the person, not harass them, the fbi would not answer. those are not the kind of practices that the sfped should operate under. he asked me for advice. under our system, under the charter for the last 20 something years, accompli should be investigated by the occ independently. under your general orders, that officers today -- that officers should answer questions about

the complaint. it may well be that during the course of that, the occ will say there is something there and it is not sustained. you have an mou that the fbi says -- president mazzucco: your time is up. i am sorry. vice president marshall: time is up. president mazzucco: next speaker, please. thank you. the next speaker, please. any further public comment? , is closed. -- comment is closed. item #3. >> discussion and possible action to interpret into rules and procedures for patrol special officers and their assistance regarding ability to

patrol special officer surge white to sponsor an application by an assistant patrol special officer. president mazzucco: could you tell us about this item? >> yes, we will do that. >> good evening commissioners. at the time, i was the interim in of the patrol specials and offered a memorandum. the reason why all for the memorandum was because of the fact that i received an application for an assistant from serge white. i had prior knowledge that surge had the opportunity to work as a patrol special he had not completed the application in april. i made a phone call to him and ask him whether or not he was going to continue as a patrol

special. his response that we did his response was that he was not going to continue. therefore, i put together a memorandum asking the question whether or not he could actually sponsor an assistant given his in eligibility. i forwarded the memorandum through a chain of command and hoped that i would receive an answer. unfortunately, the rules do not provide for this kind of service. president mazzucco: we will turn to our city attorney with an opinion regarding this. >> commissioners, the rules are silent on this. there are a number of ambiguities on the rules. one is whether a patrol special is required to be armed. there is a requirement to qualify at the range. there is no requirement that

they carry a gun. there is a little bit of ambiguity at the rules the way they are currently drafted. also, there is no requirement set in the rules about whether a patrol special has to be currently eligible to work as a patrol special as opposed to just being a beat owner. in order to sponsor a patrol special assistant. it is up to the commission to decide what it wants the rules to be or how the commission wants to interpret the rules. president mazzucco: if we follow that line of logic, somebody could be a beat owner, who does not have the ability to operate as a patrol special officer? >> i think it is fair to read in the rules that, under the charter provisions for patrol specials, that you have to be a patrol special officer in order to be a beat owner. the rules also indicate that the patrol special must work his or her own beat some minimum amount

of time. that is another issue with patrol special white. he may not be working his be because he has been unable to qualify at the range. like i said, the rules do not have any criteria for whether or not they patrol special officer has to be eligible to be working or otherwise eligible to own their beat in order to sponsor an assistant. president mazzucco: so any citizen can buy a beat and can request a special assistance, which does not make any sense. >> they would have to purchase that with an application to be a patrol special officer. the issue here is, patrol special offers or white is not currently working his beak and is not eligible to be working his beat. does the commission 18 patrol special officer in those circumstances to be able to

sponsor and hire an assistant to do some of the work for him on his seat? it is my understanding and the lieutenant can verify that patrol special officer white is not meeting several of the requirements under the interim rules. what is the requirement that he worked at least some amount of the beat himself, personally and. the other is the requirement that he qualify at the range. as i said, there is some ambiguity in rules regarding a firearm requirements. the rules to require him to qualify at the range. the question is, given the fact that he has these factors that make him personally ineligible to working as a patrol special officer, and does the commission wants to allow him to sponsor people as assistance? vice president marshall: should he be a sponsor is what you are asking? >> correct. commissioner chan: you said it

is reasonable to interpret that someone has to be a patrol special in order to on the beat. could you point us in the right direction of where that is? >> that would be from the charter language. the patrol special which is charter 4.217. commissioner chan: you have to be a patrol special to own at the beach. this officer is no longer a patrol special? president mazzucco: he did tell me verbally that he has essentially resigned and is no longer going to work. in fact, the annual training started this weekend and he told me he is not going to be attending. >> when did he give you notice? president mazzucco: at the beginning of april. excuse me, august. commissioner slaughter: i do not

have any bright ideas. [laughter] commissioner chan: one question and one comment. this is not directly related to this but it makes me concerned. we certainly have a lot of concerns about patrol specials and given the report we were given by the consulting group. at the same time, i want to make sure the department comport yourself well. i have noticed complaints about packets being missing in other letters from patrol specials. i want to make sure that package are not displaced by the department and that we are doing everything right. do you know what happened with that and cannot be prevented in the future? >> i am aware of one a system that was in the process of being back grounded. i also discovered that the pocket that was provided was not complete because our department requires a post-certified

background by a private investigator. this was a very cursory background was provided, there for the package was sent back to the sponsoring the owner. i know of no other applicants or transfers that are currently in the process. commissioner chan: it says that the packet was misplaced. >> we located it. i replicated it, just in case. however, in my piles of paperwork, i located it and it was submitted prior to the second package. commissioner chan: just a very preliminary thought, based on what we talked about. it seems that if this patrol special officer is in fact resigned, it does not make sense to assign him an assistant to this beat until there is a new beat owner.

president mazzucco: my concern is, who will collect the fees for this? if commissioner -- if patrol special white is collecting the fees, but he is resigning, who is collecting the fees? who does the necessary paper work in terms of payment, payroll, insurance. that is something that is missing in all of this. how can we have someone who is no longer supervising sponsors someone who will go unsupervised? >> that is the question here. commissioner slaughter: i will give it a comment. i agree with commissioner chan. i will offer not nearly as specific as what was offered a, which is this. we continue to have concerned about how patrol specials operate and how we oversee them.

i do not think we ought to be taking actions at this point that would make it easier for more patrol specials to be leaving the street. we want everything buttoned up in the exact way that we envision it. i think that means we do not interpreted this way to allow the transfer. i would certainly be -- it is my personal view that i am more comfortable doing it this way. as i said, i do not think we ought to be going out of our way to find more patrols specials. president mazzucco: 11 motion? we will have some public comment first. public comment on this issue? >> commissioner slaughter, a man. i hate to say i told you so, but i told you so. this is the mess you by yourself and by wasting the last 57 weeks. i just got the patrollers report

telling you to put these folks out of business. you do not even know about the laws they break on behalf of their clients. you are not aware -- you are not aware of what surge white did you victims such as myself who tried to raise concerns about freedom and about them following the law. actually following the law. they cannot handle the law, that is why they handle these patrol specials, these fake cops who worked with some of these community relations police officers in likel chuck, hope, gary. in these people brady law. this is occurring every minute of every day. after breaking the law for the last six months and as you faure special assistant. chutzpah is there a middle name.

thank you. commissioner chan: i have a resolution on less any commissioners have any other comments or thoughts. please correct me if i want to fit -- if you want to fix this. and ineligible patrol special officer cannot sponsor a new patrol special officer. i move that the answer is no. and ineligible officer cannot sponsor a new assistant. >> second. president mazzucco: can we have a vote please? >> on the motion to answer no to the question of giving an ineligible patrol special assistant. president mazzucco: aye. vice president marshall: aye. commissioner chan: aye. commissioner kingsley: aye. commissioner slaughter: aye.

commissioner turman: aye. >> the motion passes 6-0. vice president marshall: -- commissioner chan: is there any other further guidance needed or does that answer your question? >> he is the new program liaison for the department. >> good evening. i have been appointed to take over the program. i have a lot of information from the lieutenant regarding what is needed. this has been a great resource. i am going to work with him so i get a full grasp of the program to make sure there are no inconsistencies -- these patrols specials are dealt with and i will do my best to keep on top of it. >> thank you. welcome. president mazzucco: line item #4

please. >> public comment on all matters pertaining to item 6 below, closed session, including public comment on vote whether to hold item 6 in closed session. president mazzucco: i have a script to read from the city attorney. this is a conference of legal counsel regarding the anticipated litigation against the city area the anticipated litigation is based on the following facts -- connolly was convicted of two of two people in a drive-by shooting in 1989. he served 16 years in prison. in 2010, the supreme court granted his decision for writ of habeas corpus and granted a new trial. he cannot be retried because the important prosecution has died. he was released from prison and the city anticipates he may bring a lawsuit against the city seeking damages alleging wrongful conviction and

incarceration. before we take public comment, i would like to turn this over to commissioner slaughter. commissioner slaughter: i have a conflict of interest. my law firm represents him and so i will not be participating in the discussion. just so there is no concern, i will be leaving the room. i will not be here. if anybody has any concerns, you can raise them in public comment now. president mazzucco: is there any public comments regarding this item? seeing none, let's call the next item. >> item #5. a vote on whether to hold item 6 in closed session, including a vote on whether to assert the attorney-client privilege with regard to items 6d and 6e.

president mazzucco: we are doing a roll call. we have commissioner kingsley. commissioner chan. commissioner slaughter. vice president marshall. in voting to disclose anything we discussed in the closed session. any public comment, hearing on the, i moved to adjourn. and we are adjourned.

>> you can see that it is amazing. you can hear that it is refreshing. you reach for it because it is irresistible. and the taste. simply delicious. san francisco tap water.

it engages the senses. 311 is an important resource for all san franciscans. should >> ok, thank you. thank you, everybody, for being here. local 261, thank you, laborers, for being here. mr. harrington, thank you. john martin, our airport, thank you. d.e.m., of course, ann, thank you very much for being here and

our human rights commission director, thank you very much, terese afor being here. it's a large city family. >> dennis, thank you. thank you very much, dennis, for being here. commissioner normandy, supervisor carmen chu, thank you. good morning, everyone. larry, good to see you, great to be out there with the new labor center. wonderful. friends, family, emily, judy, good to see you. everybody, thank you for coming. entertainment commission, of course. thank you for being here. and commissioners, human rights commission, as well. we have 11 commissioners representing eight different commissions to swear in today. and i want to, again, thank each and every one of you for both new appointments and reappointments to our wonderful commissions. this is a very, very proud day for me because we're welcoming

back people who have done great jobs in our city and running our airports and our arts commissions, our civil service, our commission on the status of women, our environmental commission, our entertainment commission, our human rights commission and of course our rent board, something that i grew up with here at city with our rent board. i want to thank everyone here for coming for this wonderful occasion to ask again for a recommitment and a new commitment of our commissioners to serve our city. you don't get a lot of pay, as i understand, from doing this. i get a little pay but i depend upon your guidance and your policy calls for doing such a great job for our departments and also guiding the city and creating jobs and also getting work done with our department heads and that's why so many of them are here, as well. they are working hard to keep,

during these very challenging economic times, a balance of what it is to move the city forward, but also just the opportunity to keep our city together. that's a wonderful thing. and i know the rent board, for example, that whole tension between our landlord and tenants and making sure it's a well balanced thing. and our environment, to make sure we're not only doing the new things, but working with all of our agencies to get the best in energy efficiency and in our look at reducing our co-2 emissions right down to our civil service commission and as you know, we lost a very long-term civil servant in donald casper. we welcome in our new commissioner, as well. on our human rights commission, we have a lot of work to do. and i know that in keeping our city together, we have to also continue to fight obstacles of

discrimination but also welcome in in a proper way small businesses and challenges to all of the obstacles being created that are new to us. i want to welcome in our entertainment commissioners because they have that very, very fine balance that has to do with creating new opportunities of entertainment and dealing with our young community as well as our music entertainment community and balancing public safety. i'm excited with our arts commission. as you know, i've been a great supporter of the arts, all forms of arts, and seeing how it's helping us activate mid market street as well as our new central subways and all the opportunities we have. i want to thank you for stepping up. eleanor, our airports commission. airport is, of course, through john's leadership, one of the driving engines of our economy. we're going to work on

high-speed rail, which would be part of the plan for our airports because if we don't help reduce traffic between l.a. and san francisco, we'll not have the opportunities to get increases in our international tour thamp we want to have and the plane capacities, the land capacity. we have big challenges while we reinvent everyone one of our airport terminals and make them a beautiful place to land and be a part of. all of you, thank you very much for stepping up and being part of the city. if i may, to welcome in our fire chief, as well, thank you very much, chief white, for being here, to have you all stand and we are prepared to take the oath of office. if you can repeat your names -- [laughter] you may stand if you wish.