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tv   [untitled]    December 7, 2011 6:30pm-7:00pm PST

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you. just wondering how that fell into place. my last question is, on point number six of page seven, the percentage of occ complaints relating to violations of this general order, i was going to ask whether or not how that compared to an earlier time. , but we did not have the general order in place. >> it was roughly 1.4%. there has been a .35% increase in complaints. compared to the last fiscal year occ complaints. it is minute, however, our goal
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is zero complaints. commissioner kingsley: do you have any trend on that? that increase is relatively small, but it is it to -- but is it just for this year -- for last year? >> compared to the previous fiscal year, there has been 8.35% increase. i have not been able to look at the past years regarding a violation 5.20. commissioner kingsley: thank you very much, officer. president mazzucco: the occ said there was some place regarding the violation. what is the gravity of these complaints? what do you usually hear? >> i can give you some examples. in one case, there are situations when the ball 911 and
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identify that they speak another language. when the tank -- when officers arrived, there is a request for them to speak english. we hear that theme over and over again. in terms of the cases where we have sustained cases, i just wanted to be exact about -- in one of the cases, they were told to speak english despite that the complainant and witnesses were interviewed by bilingual officers. the officers who were at the scene said they could speak perfectly fine, though ultimately, a bilingual officer did interview everyone. ultimately, the police report provided no information that all of the bodies were actually spanish speakers. in another case, the complainants have been accused
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of a crime and requested an interpreter. there were denied an interpreter but ultimately, one of the complainants was taken to a hospital and medical staff provided an interpreter. in another case, the individual asked for an interpreter while being questioned as a suspect in a hit and run and was denied an interpreter. the officer admitted, let's just see if we can do this without an interpreter. in another case, a spanish interpreter was used for a 911 call and at the scene, officers insisted that the complainant could and should speak english. president mazzucco: thank you. >> i'm glad you asked the question, because i was looking through the general language and that seems to be a theme. in these cases, don't you speak english? a nod is enough to assume that a person speaks english. there is a ways to go in that respect so that all officers are
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aware of that. just because someone says yes, it does not mean they speak english. if you go to another country, you will probably not when acid used the language. it does not mean use the language. for a serious situation involving a witness, a victim, or suspect of a crime, there is work that needs to be done. i have a couple of questions and maybe i could just run through them and we will see if there's time to do this this evening or if we should come back since this is a priority for the commission to address in more detail. i will run through them. officer ha, if there is time, we will ask you to address it. i am looking at the department general order and what needs to be done to fully implement it. there are pieces that stick out for me. i'm wondering if they have been done yet or if there are plans to get them done. one example is on page 4 of the
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dgo. all lep custodial interrogations should be taped. i'm wondering if that has happened. are all of these investigations take? so they could be later on check to see if there were accurate in terms of the interpretation, or if there were any other language barrier issues. the second on page 4 is miranda rights were supposed to be a given -- were supposed to be given in the person's language. if it is not available in writing, interpretation is required for due process purposes. that is another question in there. signage, there should be signage at the entry of each public facility as defined by the administrative code. it is not just the dgo that requires language access. the ordinance in our san
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francisco code also requires language access. this overlaps with that requirement. also, a question about the department of emergency management. they received a copy of the bilingual personnel list. they're supposed to see it on a monthly basis. we are not there yet. i think we should be there soon in having it as an electronic form. i think we should at least have a hard copy updated according to our dgo. there is another piece in here under the training session on paper -- on page 5. training for officers every two years. training for new recruits. also, training for officers in terms of how to access in person and telephone interpreters, what the policies of the department are, and have to work with interpreters. as someone who works with interpreters, it is a difficult
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task. it is an artful task. one of the basic things that all people should know is that when you are speaking with something who is lep, you look at that person and not the interpreter. there are these basic things are important to help them make sure the communication is clear. these can be taught to everybody to facilitate their work. at the bottom of page five, there is a piece about quarterly reporting to the chief a written report on lep matters. i am wondering if that has been happening since this was adopted in 2007. if not, when that will start happening. on the last page, page 6, under number six, there is supposed to be a meeting with the officers of citizens complaints. particularly, with the domestic violence community and
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trafficking victims. people that they deal with, i think that is especially important to be in contact and have those discussions. what are you seeing on a daily basis and how can we work together to address these issues? have those meetings been happening and will they in the future? no. 8 on the last page, there should be a biannual report addressing the department's plan which access aphorist. i have been on the commission for 1.5 years. this is the first time we have discussed this. i have not seen any reports, to my knowledge and. lastly, a yearly report to the police commission to provide data concerning cultural services and other things. these are my list of questions. i'm wondering if you want to answer some of these or wanted to spend some time to report back. >> that is a lot of questions. maybe we should take some time. we are obligated to follow the
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department general order. if there is any discrepancy, it must be addressed right away. any reports will be done as soon as possible. in terms of sein image -- in terms of signage, we have specific signs in each station and we are required to have them on display. regarding the incident reports, it is the officers duty to ensure that, in the report, he or she indicates documents that the person who is being interviewed or interacted with spoke a different language and if there is an interpretation that happened, they are obligated to put that into the report. if not, that is a violation of the department general orders. commissioner chan: i did have a lot of questions.
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i apologize for not giving in to you in advance. i think we will ask you to come back with more notice and i recognize that you have a hard job with a 2000-member department in a city as large as san francisco and all of the issues we deal with with language access. also like to ask you if you have any closing comments. >> i agree with what he said and we will be in compliance with the deal. commissioner chan: in terms of having more discussions with community partners, perhaps bilingual officers who have experience to offer, they can think through what else needs to be done. what if i am a big fan of heavily often. i did not know that he was coming to life for we would have spoken prior to the meeting. commissioner chan: in terms of the public comment peace, you
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heidi who will be coming up from -- coming up for public comment. president mazzucco: thank you, commissioner chan, for your hard work in this area. thank you to everyone who has come forward. we will start with public comment for this matter. it is three minutes. >> thank you for the chance to share information. we are part of the domestic violence consortium who responded to domestic routes -- domestic violence abuse. we provide legal and other services. we also do a lot of work to assist victims of trafficking. with respect to the recommendations that have been presented so far today, we have seen, over the last couple of years, unfortunately, regular instances with our clients where situations that the police response and reports that are resulting from these victims of
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crime situations have not always been very accurate or consistent as far as reports being taken when the individual involved is someone who is limited english proficient or a non-english speaker. most of our clients are speakers of asian-pacific islanders in san francisco. if they do not speak english. in our dealings in the last year or two in particular, client matters where the klan has been referred to us, they have had what appears to be a clear situation of domestic violence abuse in a particular incident that is the most recent basis for seeking a protective order to restrain against the perpetrator, there have been a couple of instances where the police responded. the client was not an english speaker. basically, after being questioned briefly, and the
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perpetrator spoke english, there were told they need to file a report. there have been a couple of instances where if the officer has been supposedly not just an english speaker, but a speaker of the language of the individual involved in the incident, we have had situations where, even if records were taken, there were inaccuracies in those reports. we have been concerned her it in one instance, i recall the alleged instrument or weapon that caused the battery was completely misstated. we have had other instances where an aspect of what occurred were not completely reported from the victim's standpoint in the reports. we really appreciate how much work is being done to want to address this issue and there is certainly good work being done in san francisco by law enforcement. we believe these recommendations
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are critical to move toward on and hopefully be pursued further. thank you. president mazzucco: thank you very much. next speaker. >> my name is mike. one quick comment on a topic that i have noticed -- sometimes, the officer's discretion, and i want to -- the majority of the time, it seems to be at par. i have witnessed times when there are details that the write-down one instance. there was an instance two years ago where it was not a speaking issue. he had a mechanical wheelchair and all of the officers came to think that he did not need his chair. i found him crawling all over town how to figure out how to get his chair. if it was not for me, i do not know how he would have gotten all those details together. that was the officer
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discretionary it even when he was released, they forced him to crawl. he crawled here, hoping to find help. i found him crawling away from city hall, with tears in his eyes. he did not know what to do. the off topic, and that i have is to do with occupy. president mazzucco: mike, we are talking about language access here. >> they are attacking a refugee camp mostly filled with homeless, people with mental -- president mazzucco: mike, next speaker, please. thank you, mike. next speaker. >> good evening.
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interpreters have had their problems, i am sure, but tried being the domestic violence victim when your husband is transferred to the local police station. i was not given a chance to speak even though i said i used to work for the police department. i used to be a captain secretary. that might have counted. i do not know. on the issue of interpretation, the french are pretty good about learning english. they are not stupid to. i have thought about interpretation before hand. it would be nice if the officers carry a packet with them listing the various languages to fill out an incident report in their language, lined paper, fill it out and turn it into the closest station. if it what the officer to wait, they can do it then or stop by later on.
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they can fill it out in their own language and they would understand. i took spanish. i did excellent with spanish written out. i would not want to live in another country where i do not know the language. more help those that help themselves. have we been in touch with the department of education? do they have a listing as to which schools give these language classes -- second language class is? president mazzucco: we have to focus on the police department. >> we need to educate the people. that is what this is about. if we have records from the department of education regarding which schools give language classes, we can make sure they understand english. that is the idea. education is the clue all the way down the line. thank you.
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president mazzucco: thank you. next speaker. >> i thought i would add in some points. as a special officer, i have, on numerous occasions, been asked to translate. unfortunately, i can speak japanese and chinese. the range is everything from traffic accidents, some of the cutting somebody, domestic violence, shoplifting. i want to impress upon you, it is important for the person who is assisting the officer or the victim to have an understanding of the culture involved. kolter has a big play in this. especially -- culture has a big play in this. especially in the japanese community. culture has an important way to influence how people think.
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president mazzucco: thank you. any further, regarding this issue? hearing none, public, is close on this item. commissioner chan: if i could make one comment. i went through my questions and i have one note. in terms of the budget issue, i noticed that some of the constraints of getting cell phones, updating systems for identifying bilingual officers, he training having to do with budget issues, i want to recommend the department to consider including language to the budget item. i do not think it would be very large compared to other items on the budget. i would commit to advocating the board of supervisors to approve that line item. i want to include that has something for officer ha to report back to us on. thank you for your presentations to night. president mazzucco: please call line item #3.
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>> reports and announcements. first is 3a, the chief report. it is a review of recent activities and an update regarding implementation of the dgo. >> we are at 47 homicides for the year. we were at 46 this time last year. we are still at about half of what we were three years ago. with regard to general crime, violent crime is down 7%. after a good. , we are flat at 0%, which is fortunate considering all the other things that have been going on at as a late -- as of late. holiday activity -- we raise about $12,000 for raisedream to
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fund underprivileged, at risk kids at the 49er game. we raise quite a bit of money for make a wish. on saturday, we have the tip a cop at when net this the with one of our commanders jumping in the day. it will be very cold. on the exciting news front, a big priority for commissioner chan, the cit first class started this week. i addressed the class. a lot of energy going forward. we are off. i met with the mayor's office on the budget. we are being asked for a 5% cut this year and a 5% cut next year with a 2.5% contingency cut in both years.
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with regard to the occupy activity that took place last night at about 1:00 in the morning, the police department, dpw, fire, and sheriff;s department participated in the cleaning of justin herman plaza. there were 86 arrests. 79 of them were peaceful. no problem whatsoever. 4, their worst -- there was some resistance to merited charge but no assault or injury. there were three felony assault on the officers. one demonstrator threw a bottle. another through a garbage can that injured an officer. another demonstrator through a metal chair that struck an officer in the face of his
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helmet, breaking his facial. none of the officers were seriously injured. we do not have any reports at this time of timeoccupy people being injured. 10% of those accepted -- of those arrested accepted homeless service on release. additional folks were being solicited. there was a subsequent march today where 2 or 3 were arrested. there is an ongoing march now. i do not know what the update on that is. there were some comments in the media that only five minutes was given for -- on top of the two months for those people to gather their belongings and. it was, in fact, they were told they had five minutes, but per the committee it -- the computer-assisted dispatch law, it was 18 minutes that folks had
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to gather their belongings. all but 31 accepted the offer certification -- except the offer to not be arrested originally. over the course of the morning, this would of been from 1:00 to 6:00, i was there and there were two other occasions where the other 55 were arrested that either came down or originally said they did not want to be arrested. they took all the furniture from in front of noah's bagels, furnished them at the business across the street, through them in the street and sat down. they blocked the road re one hour later. there was another arrest. all of this happen largely at that incident. all of the officers showed tremendous restraint and professionalism and patients in
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what was a long night. lastly, the update on the implementation of the general order for community policing. every police station has received and hosted at least two copies of these tenets for community policing. each officer has received a copy of the general order 1.08 and signed for that. the community policing is going through the review process. it will be in stations by the end of the year and the academy, which has not had a community policing topic on advance officer calendars has in the past, but not had one and not anticipated until 2013, will going ford until 2012. with that being said, that is with -- as with all general
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orders, this is binding on the officers. we will work with the community to develop the mutual training aspect of it going forward. president mazzucco: thank you. i know you are tired. you have been up at 2:00 in the morning. if you are here tonight, i am sure you are pleased about that. >> there is no where i would rather be. [laughter] president mazzucco: i want to thank you and the officers. granted, some people are concerned about the arrests and what they saw. some folks have realized that -- there were no debacles like oakland or los angeles or new york. for that, given what we have seen today, thank you and thank you to the officers for their professionalism. one other matter -- we had a discussion today. there had been ongoing reports regarding officers and the use
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of social media, facebook, and twitter. there are some concerns about where do the officers' rights and and their obligations as police officers began? it is a delicate balance. you are on top of that and in the process of working on it. i want to let the commissioners know that that is in brest and your looking into it. it is a delicate issue but thank you for being ahead of the curve on that. >> we did put out one bulletin with regard to social media and we will have one more out within the next 30 days. president mazzucco: thank you. commissioner kingsley. commissioner kingsley: thank you for your report. i have one question under each item. first of all, i wish the best to those that were injured in the occupy activity earlier today. i hope they feel -- i hope they
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heal and recover well. it seems that when you read about what is going on in the country, the attempt to clean up the occupy area or clear it out, that it is in the dark. it is the late hours of the night or early hours of the morning. can you help us understand the law enforcement thoughts around choosing that time? >> sure. the code section that is violated is the overnight camping in the park. by its definition, it has to be overnight. commissioner kingsley: thank you carry it that is a logical answer to that. thank you. the other question has to do with the community policing. and specifically, no. 12 on
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page 20 around community resources. -- on page 2 around community resources. is that database being compiled at the administrative level in the department? how is that being put together in terms of how it is being generated? what department is maintaining it? this is on the dgo 1.08 no. 12 on page 2. if you could elaborate a little bit more around the data base of public and private resources, where that is being housed, compiled, whether it is in the administrative offices? the second part is, public and private organizations that would like to be part of that resource and database, who should the contact? >>