anyway. we're dodging that decision tonight, it is fine. >> i don't know that we are dodging a decision, unless there is an issue that needs to be worked out. i agree with you. i was on the commission back when we started discussing the patrol special, but there is some area of clarification. i don't think that we can work those out in the midst of this particular dispute. this dispute needs to be taken off to the side, and we need to deal with the issues as the u.s. suggested. i am not trying to dodge is, i just don't think it is appropriate to move forward with some much lingering doubt as to what the gray areas are. and have this particular matter judged. >> these things come out in

these cases, i disagree, but there are six of us. >> she has never participated in the settlement discussions on this case. >> i would like to know what you think about it because you were in there. >> i am concerned -- concerned in terms of settlement. if i am understanding history correctly on this case, it has been the whose series of negotiations and to settlement agreements that were negotiated by counsel for the assistant patrol officer special and the department. the second one was more favorable for the assistant patrol special hot desert. and ultimately, neither went

throughout because they weren't satisfactory. i think you heard assistant patrol special officer indicate what wasn't satisfactory to him. so this is a new day. we can go forward with new negotiations. and so there is that. in terms of my feedback on each of these specifications, that is a different matter. i don't know if that is what you are asking, commissioner marshall, or not. was your question directed the just towards a settlement discussions? >> i don't know that the settlement discussion resolved what she brought up, as all i am saying. she brought up an issue, i don't know of any kind of discussion

will deal with that. it is still out there. >> since the commissioners have spent time going through the documentation, her that we move on to our closed session and give the department and the assistant patrol special the opportunity. the chief is here. they can see if there is some headway that you can make, because it is a new day. see if there is grounds here for a satisfactory settlement. and if not, we will deliberate on the case tonight. is that satisfactory? >> i can live with that. >> let's move away from line item #4 and moved to line item #6, public comment on all matters pertaining to item 8

below, closed session. any public comment regarding movement to close session? please call line item number seven? >> a vote on whether to hold item eight in closed session. >> so moved. >> second. >> all in favor. >> is anonymous.

>> where in open session. we will take a roll call. we still have the chief of police. >> please call line item #9 first. >> about to elect whether to disclose any or all discussion of item 8 held in closed session. >> i will move to vote in favor of nondisclosure. all in favor? could you please call dodge returned back to line item #4 regarding the matter of ernest takihara.

>> to sustain or not sustain charges. and to decide penalty of necessary. >> i understand there was a resolution reached outside. and that needs to be put into writing and scheduled for another date, is that correct? >> we're working on the parameters. >> you will agree to this disposition reached outside and you will not go sideways on us with that, will you? you will agree to the disposition you agreed to, you will not change your mind, are you? >> yes, sir. >> this matter is off calendar. >> can we schedule this for january 4 to come back? >> that is the next regular meeting. >> january 4? >> yes. >> thank you.

>> item 10, adjournment. >> do i have a motion? >> so moved. all in favor? >> we have already had public comment. >> we conducted public comment. do we have a second? >> it is the last meeting of the year. and so if we could indulge in 10 minutes? i would be supportive of that. >> it is not on the agenda, we have had public comment. >> we can always reopened. -- reopen. >> can't we reopen public comment for five minutes? >> i have to tell you that i understand the occupy san

francisco movement and they have a right to speak. also we entertain public comment and we also had, and during the chief's report. i understand it have something to say but we have a process here. it is only fair to everybody. tif a vote is needed, we will take about. >> do we have a motion to adjourn? >> we have -- could open public comment. >> if we adjourn i will stay and just care about. >> i would like if anybody knows it, the president and vice president or the secretary may have the answer to this from a legal standpoint. i want to know, do we have the authority or the discretion to be able to reopen public comment without running afoul of brown,

sunshine, whenever. >> we reopen all the time. it is a matter of discretion. >> but keep it brief and let's not start calling names or hurling accusations. let's be factual. >> think you very much. -- thank you very much. i move to reopen public comment. we had a second. >> second. >> do we have a vote? >> aye. >> aye. >> aye. >> aye. >> no. >> public comment was two minutes. >> so, good evening. i am with the chinese progress

of association and i am here with representatives from different community organizations, labor unions and other folks who are concerned about the 99% here in san francisco and the struggle people are facing with home foreclosures and unemployment. health care, all the things i think you are familiar with. we're here tonight because we were part of a process with the mayor's office to try to ensure the first amendment rights and the right to freedom of assembly for occupy san francisco protesters and anyone who wanted to join the movement would be respected and a different path would be taken here as compared to oakland and other places. he gave us his command that -- commitment. we could disagree on the issue of pants. he was committed to the right to protest in justin herman plaza and other public spaces. he had no issue with the protests and supported the

spirit of the movement and what the message to not be lost in battles over police and other issues. we're concerned of what happened tonight. it is a departure -- departure from the city policy. if there is -- has been a change or if there is actions being taken that are not being run by the mayor, or what happened, a peaceful assembly, hundreds of protesters who gathered at justin herman plaza and went to hold a general assembly, they're talking about different issues and went into the park and proceeded to begin, there were many gathered around. we had a peaceful assembly and we were surrounded and they decided to arrest. >> good evening. i have been a teacher in san francisco for 25 years. the political director of the united educators of san

francisco. we came to the demonstration tonight to voice our support for occupy, articulating the concern of the 99% who are being denied basic services and the most precious is our students and we no classes are overcrowded. we came to peacefully assemble this evening. the president of our union, but tell me out there, we saw peaceful demonstrators articulating their first amendment right surrounded by the police. what we noticed is a much more aggressive stance by the police. we also heard a demonstration of 100 occupiers this afternoon, the police showed mounted -- mounted police showed up. we were very concerned there was a change in tone. demonstrators were peaceful. it was not a lot of aggression coming from the occupied side and the supporters. and the town from the police was

dramatically different. at least from our perspective. we're glad the city stepped back and we're glad the people got the opportunity to leave and make him did not break out. the police wound up backing up and that is a good thing. we want to make sure that the police chief, the commissioners and the mayor returned to san francisco values and sometimes it is tough to defend people's first amendment rights but the educators of san francisco insist this is our city. this is a city we love. we have to work together to maintain it as the city of st. francis. thank you. >> thank you. next speaker? >> i am a member of the san francisco veterans affairs commission and a member of the citizens against the war. my concern is is a public when it is convenient for the city and corporations? what makes it a problem for people to be out in the park if they want to protest? it is our right to assemble at

what the police to respect that. it is in our constitution. i will continue to fight for it as long as we have this right. thank you. >> thank you. >> i am here with power, people organized to win appointment rights. there are members who were there for the assembly. our concern is this type of activity, this extreme police response had a chilling effect. we all know that the 99% movement is capturing thousands of people because it is speaking to real issues. we're having foreclosures, the issues of joblessness, the fundamental core issues of economic justice. what is most important is that -- this kind of intimidation that keeps people from their rights to speak about important issues that are changing the course of the country in a positive direction are speaking about the struggles of everyday people. when this type of thing happens,

fox went down there to have a regular meeting. there were discussing everyday issues that affect people's lives and the impact was massive of having those people detained, surrounded, and not able to leave. the threat of arrest. we're grateful that was turned around. some. a statement coming from the city that says this city protect the right to first amendment and respect people's right to assembly. that will not -- i agree with what was said. the mayor has stated this was a protective right 24-7 and we need to see the actions of the police department also in line with that. thank you. >> thank you. any other speakers? thank you for coming forward. thank you for the professionalism you showed and the courtesy and last time we had a visit, people were not paying attention to the rules. thank you and especially you for your service. we appreciate it.

the chief will tell you this is a first amendment city. we protect your first amendment rights. we realize there is parameters with everything. there is always rules and we try to do the best you can. this chief is working hard to facilitate what is taking place. thank you for coming. anything you like to add? >> it is taken care of. thank you. >> if anyone would like to make a motion for adjournment? so moved. >> seconded. >> without objection. >> i object. [laughter]

>> just a few steps away from union square is a quiet corner stone of san francisco's our community to the meridian gallery has a 20-year history of supporting visual arts. experimental music concert, and also readings. >> give us this day our daily bread at least three times a day. and lead us not into temptation to often on weekdays. [laughter] >> meridians' stands apart from the commercial galleries around

union square, and it is because of their core mission, to increase social, philosophical, and spiritual change my isolated individuals and communities. >> it gives a statement, the idea that a significant art of any kind, in any discipline, creates change. >> it is philosophy that attracted david linger to mount a show at meridian. >> you want to feel like your work this summer that it can do some good. i felt like at meridian, it could do some good. we did not even talk about price until the day before the show. of course, meridian needs to support itself and support the community. but that was not the first consideration, so that made me very happy. >> his work is printed porcelain. he transfers images onto and spoils the surface a fragile shes of clay. each one, only one-tenth of an

inch thick. >> it took about two years to get it down. i would say i lose 30% of the pieces that i made. something happens to them. they cracked, the break during the process. it is very complex. they fall apart. but it is worth it to me. there are photographs i took 1 hours 99 the former soviet union. these are blown up to a gigantic images. they lose resolution. i do not mind that, because my images are about the images, but they're also about the idea, which is why there is text all over the entire surface. >> marie in moved into the mansion on powell street just five years ago. its galleries are housed in one of the very rare single family residences around union square. for the 100th anniversary of the mansion, meridian hosted a series of special events, including a world premiere reading by lawrence ferlinghetti. >> the birth of an american

corporate fascism, the next to last free states radio, the next-to-last independent newspaper raising hell, the next-to-last independent bookstore with a mind of its own, the next to last leftie looking for obama nirvana. [laughter] the first day of the wall street occupation set forth upon this continent a new revolutionary nation. [applause] >> in addition to its own programming as -- of artist talks, meridian has been a downtown host for san francisco states well-known port trees center. recent luminaries have included david meltzer, steve dixon, and

jack hirsch man. >> you can black as out of the press, blog and arrest us, tear gas, mace, and shoot us, as we know very well, you will, but this time we're not turning back. we know you are finished. desperate, near the end. hysterical in your flabbergastlyness. amen. >> after the readings, the crowd headed to a reception upstairs by wandering through the other gallery rooms in the historic home. the third floor is not usually reserved for just parties, however. it is the stage for live performances. ♪ under the guidance of musical

curators, these three, meridian has maintained a strong commitment to new music, compositions that are innovative, experimental, and sometimes challenging. sound art is an artistic and event that usually receives short shrift from most galleries because san francisco is musicians have responded by showing strong support for the programming. ♪ looking into meridian's future, she says she wants to keep doing the same thing that she has been doing since 1989. to enlighten and disturbed. >> i really believe that all the arts have a serious function and that it helps us find out who we are in a much wider

sense than we were before we experienced that work of art. ♪ >> i tried to think about this room as the dream room, where we dream and bring some of those dreams to life.

i feel very blessed that i have been able to spend the last 31 years of my life doing it my way, thinking about things better interesting to me, and then pursuing them. there are a lot of different artists that come here to work, mostly doing aerial work. kindred spirits, so to speak. there is a circus company that i have been fortunate enough to work with the last couple of years. i use elements of dance and choreography and combine that with theater techniques. a lot of the work is content- based, has a strong narrative. the dancers have more of a theatrical feel. i think we are best known for our specific work. in the last 15 years, spending a lot of time focusing on issues

that affect us and are related to the african-american experience, here in the united states. i had heard of marcus shelby and had been in join his work but never had the opportunity to meet him. we were brought together by the equal justice society specifically for this project. we were charged with beginning work. marquez and i spent a lot of time addressing our own position on the death penalty, our experiences with people who had been incarcerated, family members, friends of friends. pulling our information. beyond that, we did our own research. to create a picture that

resonated with humanity. it is the shape of a house. in this context, it is also small and acts like a cell. i thought that was an interesting play on how these people make these adjustments, half to create home. what is home for these people? the home is their cell. people talk a lot about noise -- very noisy in prisons. that is interesting to me. looking at the communication level, the rise of frustration of being caged, wondering, where does redemption fit into the equation here? [singing]

i think both of us really believe the death penalty is wrong, and is flawed for many reasons. the list is as long as my arm -- about several others. we feel this is important for both of us, personally, to participate in the debate of this issue in a way that we can help people frame it for a conversation.

>> good evening, ladies and gentlemen. i am the secretary to the police commission. on behalf of the commission, i would like to welcome everyone to the san francisco police department's 2011 medal of valor ceremony. please stand for the pledge of allegnc