consultant. i would like to quickly address mr. joseph's statements regarding the manhattan beach case. first, he failed to a knowledge that the announcement had not won its ceqa challenge, and that ordinance is very different from the one we're looking at here because it only addresses plastic bags and did not contain a charge on paper. this ordinance contains a charge on paper and also, no california court has ever found that categorical exemption does not apply. in oakland, they found that unusual circumstance exception applied, and that was because there was no charge on paper there. by charging for paper and charging for reusable bags, we address those concerns.

i have talked to over 50 california cities that are moving forward, and all of them are looking at an ordinance structure similar to this one. so continue to be the leaders and adopt this ordinance. thank you. supervisor avalos: thank you very much. there are no other members of the public who would like to comment, we will close public comment. this item is now before us. can we accept the amendment as a whole? without objection. ok. supervisor elsbernd. motion to move forward with recommendations. colleagues, can we take that without objection? madam clerk, do we have any other items before us? >> no, mr. chairman. supervisor avalos: we are adjourned.

>> would you please stand for 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 liberty and justice for all. >> we'll be taking roll call of commissioners. commission president thomas mazzucco. >> president. >> commission vice president dr. joe marshall is en route. commissioner petra dejesus. >> present. >> commissioner angela chance. >> present. >> commissioner carol kingsley? >> president. >> commissioner slaughter >> president. >> commissioner turman is excused. you have a quorum as we have the chief of police greg sir and director of the o.c.c. joyce hicks. >> thank you, ladies and gentlemen, welcome to the november 16, 2011 san francisco

police commission meeting. we have a fairly large agenda to go through including some closed session matters. let's move to line one, the consent calendar. >> item one is the consent calendar to receive and file as an action item. the securitied community audit from march to april 2011, may through june 2011, july-august 2011 and september-october 2011. >> thank you very much, lieutenant. commissioners, in your packet are the secured monthly audit reports for your review. if there are any questions? >> i met with the department and appreciate their hard work and move to accept it. >> do i have a second? >> second. >> all in favor? public comment. public comment regarding the secured community report. hearing none, do i have a motion? >> you do. >> second. >> all done. all in favor? >> aye. >> line item number two, please. before we move to line item

two, in light of circumstances in prior meetings and anticipation more folks may come in, at this point in time, i'm going to move to limit public comment to two minutes for a total of 30 minutes in the beginning of the actual public comment session and then we'll do the remainder of the public comment after we complete the remainder of our agenda. ok. item number two is general public comment. the public is now welcome to address the commission regarding items that do not appear on tonight's agenda but are within the subject matter of the jurisdiction of the commission. speakers shall dress their remarks to the commission as a whole and not to individual commissioners or department or o.c.c. personnel. under police commission rules of order during public comment neither 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 from entering into any debate or discussion with speakers during public comment. you set it at two minutes? president mazzucco: yes.

good evening, mr. hart, welcome back. >> my name is ray hart, director of san francisco open government. i can say long time no see but it isn't true because i watch every one of your meetings on sfgtv with great interest. i'd like to read from the sun shine ordinance, the administrative code of san francisco, section 67.1, 67.9, agendas and related materials, public records, subsection a, agendas of meetings and any other documents on file where the clerk of the policy body with intended for distribution for all or majority of all of the members of a policy body in connection with a matter anticipated for discussion or consideration at a public meeting shall be made available to the public. to the extent possible such documents shall be made available to the policy body's internet site. what that basically means is it you go to the sunshine ordinance task force website and look at their agenda, every other one of their agenda items

have a little number in front of it and it's in blue and it's a link. and any appropriate documents which are associated with that agenda item, i can sit at home and call up the agenda and see what's on the agenda and look at all the documents related to that. what it allows me to do is get a good idea to number one, whether i want to bother to attend the meeting. number two, if i'm going to attend, and if i make public comment, what the comment would be because i'd like my comments to be both thoughtful and hopefully meaningful. so what i'm suggesting is on your website you do not do this. i would appreciate it if you would consider taking into consideration -- you would consider start to do this, taking your explanatory documents, making them available on the website in whatever way is appropriate so someone like myself could review those items in advance rather than in many cases what happens is you come here, if you're not on the mailing list which i fortunately am, if you come here, the only time you

have to review it is from the time you walk in the door and pick it up off the table and the time you sit down. and i don't think that really engenders meaningful public participation. president mazzucco: next speaker. clyde, you're next. >> good evening, police commissioners. i was on mount pine street two nights ago honoring the officer slain 17 years ago, it was an honor and privilege to be there. i'd also like to invite the police commission, sunday, "60 minutes" did a special segment on tasers. it is so informative and so enlightning, i recommend all of you to look at it. police chiefs from all over the country address the issue. it's well worth your viewing time. it's only nine minutes a segment but i think we need to look at this again. thank you. president mazzucco: thank you, clyde. next speaker. >> hello. i'm mostly hear for item five

but will wait until later to address that issue. i have a couple other things. first of all, i want to say, chief, sir, it's a relief as a citizen having you as our chief, a professional in charge of actual grownups during all these tumultuous events going on but it's not a relief having a mayor who apparently says that illegality is ok as long as it passes his white glove test or as long as he thinks they're keeping it up to his particular standards for hygiene. the law is supreme. even above the mayor. and i understand the policies of the city. i was in the supervisors meeting they had two weeks ago where they voted on the proposal to tell you not to enforce the law out there. and i understand the politics of this ridiculous city. but please remember your oath to obey the law despite what john avalos, while he's running for mayor wants you to do. despite what other people running for office want you to do. the law is supreme. and these children out here who

think they can flou tmbing the law and get away with it need to be taught a lesson. when they're done they suld clean up the mess they have made. i'm speaking to the 99% who clean up their own messes and sleep in their own homes and follow the law. speaking of 99%. finally, last week or two weeks ago you said that if you lie, you're gone. and i want to know if they lied to whom because officers are lied to me on repeated occasions in the last 15 months as well as patrol specialists like officer fitsinger, so who do their lives fatal to their careers. president mazzucco: public comment? hearing none, public comment is now closed. before we move in we have some folks here tonight regarding line item number four which is a crisis intervention working group. if we can move that item up to the next item if possible. ok. thank you. >> item four, department's crisis intervention teamworking group update, a discussion

item. president mazzucco: great. thanks very much. i'm going to turn the mike over to commissioner chance. commissioner chance: i'll turn it over to commander ali to give an update on c.i.t. and michael goss and mr. o'connor are here to give an update from the group. >> good evening, commander, how are you? >> very well. how are you? >> good evening, commissioner. i'm the mr. ali, the chief assigned me of being the lead person on the implementation of the c.i.t. model. based upon the memphis model. this took place mid september. since that time we've continued the process of working with our community partners. you have michael goth and o'connor here who are representatives of that private partnership. we've identified a few things that have actually been solidified. we'll have our first class training that's going to take place december 5-8 at the

police academy. part of the implementation and at chief's direction is the desire to have this be a patrol driven function and the whole idea was to fully embrace the concepts that are captured in this approach. with that said, we've identified part of the leadership. it's a challenging time for us because we have an upcoming. -- upcoming -- we're in the process of selecting lieutenants for sergeants from the promotion process so we weren't able to have sergeants as part of this initial training only because they'll be doing part of their oral aspect of their promotional's projects. but we have identified some six lieutenants who are going to be the recipients of this training and the idea behind it is it is incredibly important for supervision and management to be aware of the approaches in dealing with individuals who are in crisis, whether they be

mental health issues or substance abuse issues, whatever the case may be. it's a matter of implementing a process where there's some true understanding on the profession and leadership level. with that said, six lieutenants and some 25 officers, additionally, we have three dispatchers, and a commitment from the department of emergency management to commit additional dispatchers to training as they develop. like i said, at this point we've identified the class in december with the working group has to do is not identify the next class with the hope of doing a evaluation by way of the participants as well as the instructors involved in this process. so that's where we stand at this point. i can answer any questions, at the same time we can include part of this discussion, michael goth and phil o'connor as well.

commissioner? commissioner chan: did you want to give an update as well? >> sure. commissioner chan: thanks to the commission and chief for your leadership on this. it's been quite a journey since february, is that right? i guess february is when we had the initial hearing and it's exciting to have the first class coming up very soon, very soon -- too soon, though we're ready for it. i'm grateful to commander ali to getting involved and providing leadership from the department. i'm really trying to think forward a little past the initial training coming up. it's still a bit of a work in progress. i think we've got some excellent guest speakers and trainers who are involved. the working group has poured a ton of hours and time in this, myself and 15 other individuals. i think in thinking of the future, we really want this to be a true partnership and an ongoing training that happens each month. and a couple of core things i think we'll have to look at and

really get some support on is getting sustained resources for this and sustained funding. it doesn't have to be a lot but when you have a bunch of us -- the department and individuals on our own time doing it, it's a lot. so i guess one really crucial component after we have the initial class is identifying those resources for administrative support. it's quite a bit of administration and trying to coordinate trainers, guest speakers, 15-20 people and without training funds for individuals, it wakes me up at night a bit worrying what if somebody doesn't show up so the financial incentives for trainers can keep them invested and keep them going on in the future. so i think with that being said, i'm excited about where we're at in getting this class going and just a few short weeks and having the department involved. i think also as time goes on, having commander ali and others as core leaders from the department being p vested and

attending every meeting and the partnership will be really crucial to the success. it's what kept it going so far. so those are some broad strokes. i think we're ready, as much as we can be for december 5. we've got a really great roster of trainers and guest speakers that are going to emphasize deescalation tools, lived experience with mental illness and health issues which is crucial and anti-stigma messaging as well. i'd be happy to take questions along with commander ali for other updates, too. president mazzucco: commissioner slaughter? >> commander ali, two questions. i know we put out the word to the department as loudly as we could looking, i guess, to the stations that we wanted to first have our pilots to see what the interest would be and i was wondering, and i'm glad to hear we have six lieutenants and 25 officers going through the first set of training. was that the group of people who stepped forward and

expressed interest, was it a larger group? can you talk a little bit about how the recruitment went and it is going for officers to be involved in the c.i.t. group? >> sure. absolutely. actually, it involved the expansion command the three stations initially identified to six stations. and i mean, with the challenges in staffing that we're currently faced with, a number of issues, were there to be protests or testing processes, we could not just focus in on three stations because we basically would remove the available personnel for normal staffing and normal patrol conditions as well as unanticipated events so with that said we went beyond recognizing and identifying going to the stations that have high instances of encounters with individuals into crisis but what it also involved, going beyond just the issuance of a department bulletin. it went to the extent of

actually reaching out to the captains, talking to the targets in the field and talking to the officers and really just kind of cultivating an interest in removing any level of mystery to what this effort involves. so with that there's been a tremendous amount of interest and enthusiasm to the point where we had to kind of stop our horses in terms of the number of people who are presenting themselves once they had, you know, the common touch in regards to informing them what this is all about, so yes. >> that's good news because obviously both the initial classes and the core group going forward, we're going to have to have some positive experiences and some enthusiasm from those officers, so i'm glad that we're finding people who are enthusiastic about it. >> absolutely. >> a question about -- and it might have been resolved before and if it has i apologize.

has there been an agreement or request to the additional funding to the officers participating in c.i.t.? is that something still open? what's the status there, and if so, if we are paying them extra, how are we determining all that? >> well, actually, that issue is pretty much broached by the commission and there was some discussions with the police officer association in regards to a financial incentive for participation, but with, you know, budgetary constraints, what we did was look at first and foremost, individuals who already are receiving monetary incentives and those individuals, like the field training officers who are compensated at a higher rate when they're actually engaged in the level of training, understanding as well they're going to have an impact on the new recruit officers, so, you know, by identifying them and training them in this methodology, it's also going to have a secondary training and impact on the new recruits who see the manner in which they

engage individuals who are in moments of crisis. so it's also very important to know that we are actually building upon training that's taking place over a number of years. we're not starting from ground zero in regards to officers having the tools to deal with individuals. this is more so just an effort to really have a constructive, organized effort in how -- and specializing, if you will, creating specialists to deal with individuals who are in moments of crisis. >> i certainly recall vividly the presentations from folks from memphis who complimented us on where we were but also had ideas about how we could do better and how our deployment could be better, so i appreciate we have a good base and we're planning to improve upon it. and i'd just sort of add what i'm sure others -- i know angela has worked so hard on it but it seems to me one of the

critical factors for success is exactly having somebody of your stature, commander, be vested in it and send a signal to the department and officers that it's important to the command staff, it's important to the commission, and it's really a way to make their job better and make the public safer and to engender trust and better -- real community policing. so thank you for your involvement, mr. goth, and i know it's a tremendous burden on people now who done have a steady stream of funding to support what they're doing but it's obviously a priority of ours and having a commitment from the command staff is vitally important. >> with that said, commissioner, with regards to the funding issues, part of the discussion, without making any promises, but kind of a broad approach in how we're looking at this is we've invited and she's been a part of the discussion, our grant writing

office identified potential funding sources in the next fiscal year that we might be did candidates in terms of receiving those grant funds. so we are exploring options in terms of resources outside of our own budget in that regard and they look promising. president mazzucco: commissioner chan? commissioner wanted to make sure we invite all the commissioners to the extent we can with the quorum requirements to attend the graduation ceremony for the first group. is that the last day of the training december 8? it won't be a very formal thing but would be great to have a few of us there to congratulate them on being done with the program. president mazzucco: great. commissioner chan: if you wouldn't mind sending the details of where and when and the hours you want us there to the lieutenant and he'll send it to us and we'll figure out how many can make it. >> absolutely. commissioner chan: i wanted to ask about the c.i.t. button because that's a key piece of this. what's the plan for putting that out? >> actually, i've been -- since

taking on this role, i've been in conversation with the current coordinator of the c.i.t. in memphis, major robert vaughn, and he's provided me with a copy, picture, if you will, of their c.i.t. button and think we can take that as a basis and make some incredible improvements upon it. so we're in the process of designing that and sharing with the working group, getting the input there, not to be too optimistic, but i'm hopeful we can potentially have this in place and available shortly after the initial -- the completion of the initial training or maybe even during or beforehand. yes. commissioner chan: and i heard -- commissioner slaughter: sergeant night came up with one so we'll run it by you, too. involving the phoenix. 's commissioner chan: i want to thank the chief. i heard the chief put on his calendar to show up on the first day to welcome the first class of the c.i.t. students so

thanks very much for that. thank you, commander, for recruiting this many officers to take part in the first training and a big thank you to is a seal connor -- to cecelia connor and to the group for your voluntary free labor and hope that runs through the grant writing process and through the department and hopefully long term there will be a more sustainable way of launching this. thank you. president mazzucco: any further questions? we'll now open it to public comment. >> members ofs commission, ray hart, san francisco open government. i'd like to play off one of the presenters, kind of almost startlement to the fact this is happening so quickly. and i would take that as a complement to both the commission and police department an in particular the chief because these things don't happen quickly unless an effort is made to make it happen. i look at the crisis intervention as being something that was raised significantly a

number of times by members of the community. the department and the commission has responded. you've done it in a reasonable length of time and have moved forward with this. and sort of playing off commissioner slaughter's comment, one of the things i learned a long time ago is you don't have to be doing badly to do better. and just because the department has a lot of very well-trained people to handle situations doesn't mean if you set up a program it gives them additional skills, those skills are just as important to those officers as a sidearm or taser might be. and i know any officer who is involved in some sort of altercation where there's injury to a citizen, especially if there's a resulting death, that takes an immense toll on the officer. and if they're given tools which will help them de-escalate situations or to avoid situations where they might be forced to use a sidearm and then have to do with the subsequent hearings on all the things they have to go

through in dealing with just the way it makes them feel, i feel it's important to give them every available tool so that when they're out there, they know, you know, i've got a lot of options here and i don't have to immediately go first for a weapon. i can do this or this or this. and, you know, the worst that can happen is they'll have tools they don't need. the best that will happen, and i know it's going to happen, they'll have a tool they hadn't been aware of in the past, and the situation will come up where it proves useful and they will appreciate your efforts. >> that was great. as you know, the wheelchair verdict came in, the wheelchair man was caught south of market. that verdict came in yesterday. sadly, the man was acquitted on most of the charges. the only charge that held was brandishing a weapon. bottom line, city is going to

write a check. he's already sued. had our officers had tasers, they wouldn't have had to fire that 40. this city would not be writing him -- i don't know, a couple hundred thousand, maybe more. great. the memphis plan is great but keep this going. i do support them in this. but every tool in the toolbox and tasers should be in the toolbox. thank you. president mazzucco: thank you, deputy city attorney clyde. any further public comment? hearing none, public comment is closed. please call line item 3-a. >> reports and announcements, 3-a is the chief's report, a review of recent activities. >> good evening, chief. good evening, commissioners, director hicks. part one, crimes continue to be down, violent crimes down 7%. property crimes up a tick at 2% but overall, part one crimes remain flat from last year so we're still enjoying a good year in that reguard.

our homicide total is at 47 which is the high of the last three years, but it's also the third best year in the last 10. and half of what we were in 2008. so we're doing relatively well with regard to homicide, although we will strive to do better. it's always best if every year we can set a new normal to always be low. busy times in the police department. we did have a story, commissioner kingsley called and asked me to comment, public defender adachi in the week before the election announced another video. the video showed officers contacting a businessman on clement street. the call was a dispute involving a knife. when the officer encountered the merchant, they had some words, and the officer ended up handcuffing the man after he observed a clenched fist at his

side. mr. adachi said this did not amount to a fighting gesture or fighting posture, the officer believed it did. that's something that's the matter for discussion or court or the o.c.c. so i called the o.c.c. to see if they had a complaint, they did not. so we're treating it as a complaint received from another agency and referring it to internal affairs. so we'll give it to o.c.c. for them to look at. but i don't think it was -- as earth-shattering as would indicate a press conference. to go with that press conference, there were five additional reports filed by those with criminal charges pending that believe the officers that were involved in the already ongoing f.b.i. investigation took liberties at their expense. those five reports have been forwarded to the f.b.i. to be included in that investigation. and that would be an update on and that would be an update on that.