we can move on and go on what we think should be the disposition. are you clear about that? >> i am. everything is up to you. i have told the truth. i have not lied. i leave it up to you. if you -- whatever you want to do. president mazzucco: we have an option. we could reject the disposition and vote on the evidence presented to us. >> that is why there is a motion on the floor to accept the disposition. that is our first step. that motion is on the floor at that time -- this time. i do -- >> [inaudible] i am fine with accepting this disposition. commissioner kingsley: i don't

think -- commissioner terman: if he does not understand he needs to say he does not understand. we will know that. commissioner kingsley: i have a few concerns. i'm not voting in favor of the agreed stipulation. i know that some commissioners did want that. i thought that certainly if commissioners wanted to have the parties make an attempt to do that, they should. what concerns me around this situation is the fact that i do not think it is terribly clear, the language, in terms of what is held in advance. if there would be a termination if something -- it is ambiguous in terms of what that would be. and the guilt or not guilty on exactly what charges. excuse me. just a minute. the other part of this that

concerns me is the communication disconnect. i do not believe and after hearing what assistant patrol special officer ernest tachihara said tonight, i believe that a vote in favor of the stipulated agreement sends a message to him and a message he in turn is going to take out to his colleagues. these charges, two and three in particular as well as six concern me. these charges were dismissed against him. that is the way the agreement raids. i find that problematic. >> this is the language we used. this is no different than any -- the question is, i understand the second concern about this language cannot be any clearer. this is what we put in all the agreements. the language is not going to

change. i had concerns in the beginning. we could take a vote. commissioner chan: i want to say where based on this discussion where we are. it seems like there are -- there is not full acceptance of the stipulation. there is some acceptance. i would entertain the idea of moving to discussion after we discuss the stipulation. we vote to sustain or not sustain certain charges so it is clear what the commission's decision is. just to let you know where i am. commissioner kingsley: all we ready for a call votes at this time -- are we ready for a call of votes at this time? call the roll.

>> commission president thomas mazzucco? >> no,. . motion fails, 0-5. >> we have to move into the charging document. >> starting with our president. have you read -- did we do this on december 7? we did this? we can go into specification by specification vote. assistant patrol special officer ernest tachihara, at this point the commission will go through each one of the specifications

and vote and have discussion perhaps on each item as to whether or not there is fault or not. do you have any questions as to how we're going to proceed at this point? thank you. as to specification #onenumber , breaking of rules and procedures for special patrol officers with regard to a solid forward facing red light. is there any discussion? is there a move? there is a motion to sustain. is there a second? there's a second. >> do you want to do all the motions at once? one at a time? on specification #one.

modifying a duty vehicle by adding additional lighting. we have a motion by dr. marshall. a second by commissioner mazzucco. commissioner mazzucco? >> aye. >> dr. marshall. vice president marshal rec specification #two. that he engaged in a pursuit in violation of the interim rules and procedures for patrol special officers and their assistants. do i have a motion on specification #2? >> second. >> on specification #two.

how do about? president mazzucco: aye. commissioner chan: aye. commissioner terman: aye. commissioner chkingsley: engaging in a traffic stop in violation of the interim rules and procedures for patrol special officer and their assistants. >> sustained. >> second. >> on the motion of number three. president mazzucco: aye. vice president marshall: aye. commissioner kingsley: aye. commissioner terman: aye. >> specification #four.

-- number four. failure to follow procedures for patrol special officers. is there motion? >> second. >> on specification #four. president mazzucco: aye. vice president marshall: aye. commissioner chan: aye. commissioner kingsley: no. there was a sign off on the procedure by a member of the police department. i believe that under these circumstances, this was somewhat limited. there was some disparity

between the rule and actual practice. i vote no on specification #four. commissioner terman: aye. >> sustained by a vote of 4-1. >> specification #five. -- commissioner kingsley: specification number five. being evasive during an interim in violation of the procedures for special patrol officers and their assistants. is there a motion? >> sustained. commissioner kingsley: is there second? >> sustained. >> specification no. 5. president mazzucco: aye.

vice president marshall: aye. commissioner chan: depending on your response style you might not enter as clearly as you should all you should have been more clear. i am concerned with the way you present yourself this evening. there should be some leeway when it comes to ensuring these questions. what you're seeing is not technically incorrect. it was evasive but not untruthful. i will have to vote now commissioner kingsley:. . commissioner kingsley: no. commissioner terman: i hear the same concerns. >> specification is not sustained. commissioner kingsley: specification six. assistant patrol special officer ernest tachihara engaged in conduct unbecoming a member of the patrol special in violation of the rules and specifications.

is there motion? second? >> how do you vote? president mazzucco: aye. vice president marshall: aye. commissioner chan: no. commissioner kingsley: aye. commissioner terman: aye. >> sustained by a vote of 4-1. commissioner kingsley: i do not believe there is a necessity to summarize the boats -- votes. yioou are both present. do you have questions with regard to the outcome of the vote?

ok. we are moving into the penalty portion of the proceedings. president mazzucco: what is your recommendation? commissioner kingsley: recommendation would be something similar to what was worked out in the negotiated agreement in terms of penalty. i would like to see a logger suspension, however. -- blogger suspension, however. -- longer suspension, however. i would like to allow the officer second chance. i think that he is a person that works very hard. he truly does believe in and tries to seek to serve and protect as he indicated in his

documents. i believe that he for the most part tries to be respectful and polite and do the right thing. i am taking him on his word that he is going to follow the interim rules and procedures for patrol specials and i would recommend that you work with somebody in giving him the benefit of the doubt in terms of the disconnects that have occurred during this proceeding. and encouraging you to sit down with perhaps a member of the san francisco police department, your own attorney and go through these rules and understand them. both i and the literal aspect as well as their intended purpose behind them. and to respect and follow the rules and encourage you to

understand them. >> my concern is that whatever comes up, the use will be there. commissioner kingsley: that is right. >> my recommendation would be a termination. that is the sticking point here. it would be the sticking point in the next document. unless you can show me that will be dealt with, i could not do that. >> you are recommending termination? >> you are saying similar documents are going to do with the termination in advance. commissioner kingsley: not necessarily. in terms of having all longer suspension or -- a longer suspension. if this comes up again, we have got -- >> i would think that would have to be in some new document. >> that is fine.

>> we can include that as a term in the penalty phase. would you be amenable to extending the number of days? i am leaning toward expanding -- extending. >> that would be -- you're going to have to ask him if he understands it. i do not know how to get around that. >> if we do a termination held in abeyance, he is right to have to learn about it on his own. -- going to have to learn about it on his own. my biggest concern is does he understand the rules and procedures? one thing i would like to add the as i would like to see him spend two hours with lt. yick

reviewing the rules and procedures and give him a 10 question exam to make sure he understands them. i get the feeling he does not. that is something i would recommend as part of this commissions disposition. i do not think we should terminate him if he does do the work but we have to make sure he knows what he is doing at theater stance the ramification of his next mistake would be termination. >> i wanted to point out that under your interim rules for patrols t special officers, once a patrol special or an assistant polk -- patrol officer has been punished for violations, such individuals shall not receive any other punishment for the same incident. however, prior sustained allegations of misconduct or imposition of disciplinary action may be considered in a

subsequent disciplinary proceeding or proceedings for purposes of fixing penalty. if there is in the future another violation that is sustained, whatever the penalty is for that new and fraction can take into account whatever penalty you impose today. the fact that there has been prior specifications sustained against this officer. and so the concept of termination held at the band's full soleil in this context because you can always take into consideration the prior disciplinary history when you are imposing discipline in the subsequent case. >> i wanted to ask also because

we do this with our officers if he has any prior sustained allegations. >> no. >> do you want to set the disposition given you have heard this matter at the hearing? >> among suspension? president mazzucco: how about the training aspect of this, retraining? commissioner kingsley: is that enforceable to make a requirement? >> these are different and then personnel where you had charter of limitations on the penalty. here with the concurrence of the officer is i understand it.

the commissioner can order further training but the chief could also order further training. >> given the fact we sustained five of the allegations it should be written in the training aspect. we do that with officers anyway. i do not see why we would not. commissioner kingsley: is there a motion? i move that we suspend assistant patrol special officer ernest tachihara for 30 days, 10 days to be served immediately and then the remainder starting on, what day? >> the 11th which will be next week. >> in that instance, to wait and have the entire 30 days start on january 11. >> that is 30 days total. >commissioner kingsley: yes,

sir. >> does that include sundays? >> 30 working days. commissioner kingsley: a thirty day period. whenever days you would work during that time. is there an issue around that from a legal standpoint? >> working days and calendar days are completely different things in this context. the commission needs to specify which it means. if you are doing working days, that will be a suspension for approximately six weeks on the calendar. i do not know how these schedules are counted. it is a different thing. commissioner kingsley: the motion was for 30 days, calendar days. and second, aassistant patrol

special officer ernest tachihara will engage in training with inspecter -- lieutenant yeck. and answer a ten question examination after that tutoring. or educational process takes place and that should be completed within the next 30 calendar days. >> i wish to bring up i will be out of the state for the next 30 days. it will have to be after february 11. the end of suspension. president mazzucco: it can i go back to work until you have passed that test. >> i will not be here to attend this class.

you are putting a date on when i should attend this class. >> you bring a good point. commissioner kingsley: were you planning on being out of the country in any event for the next -- >> i was. do you want to know the reason? commissioner kingsley: no. it is not relevant. >> this was made in advance of this meeting. commissioner kingsley: it would not be working during that time anyway. the suspension -- you would not be working during that time after the 11th, while you are out of town. >> she said the suspension would began if i was suspended, i could leave town or do anything i want, i just could not work. is that correct? commissioner kingsley: the intention around this penalty is a suspension away from work. if you already are scheduled for

vacation leave for personal leave for some of your leave of your work and you're not working during that time, then the suspension, i would propose -- >> i volunteered to give you the information because of the class, i did not want to miss class but i did not intend to give you this information so you could bounce the suspension. commissioner kingsley: when you getting back -- are you getting back? >> the first week of february. commissioner kingsley: ok. so let's have the suspension start on february 15. >> excuse me. i know the objective is to or teach will lessen. why do want to create a hardship? pacommissioner kingsley: and is

what a suspension is preadapted -- that is what a suspension is. ko, >> you do not know when you are coming back? >> i understand it is 30 days suspension but i am saying with his personal family -- it is not my choice. i made this before this hearing. that is 60 days i can't work. commissioner kingsley: i will understand what you're saying. bukata commentecomments from ot commissioners? only in agreement? the training also takes place between february 15, 2012, and march 15, 2012, to be completed by march 15, 2012.

does that work for the lieutenant schedule as well? i see a nod. >> the suggestion is the training would be as arranged by the department. i understand a la tenet may not be in that position to provide that training. -- the lieutenant may not be in the position to provide that training. commissioner kingsley: is there a second for that resolution? >> second. commissioner kingsley: all in favor? >> you want roll-call vote? >commissioner kingsley: please. >> on the motion. training is arranged by the

department. how do you vote? president mazzucco: aye. vice president marshall: aye. commissioner chan: aye. commissioner kingsley: aye. commissioner terman: aye. >> the motion carries. 5-0. >> will i receive all of this in writing as to what has happened today? commissioner kingsley: you will. thank you. >> item #seven. public comment on items. president mazzucco: public comment. hearing none, public comment is closed. >> a vote on whether to hold closed session and whether to assert the attorney-client privilege in regard to item 9s.

-- 9a. president mazzucco: 2256 secretary lt. falvey: item 10, president mazzucco: all in favor? the next item is adjournment, and i went to think lt. falvey, next week to capt..

i want to thank you for your service. [applause] we interviewed a lot of people, and then you showed up. the chief said year, and i think you are the youngest. you are incredible. i cannot thank you enough. you have a great personality. you have gone really far in the police department, and we appreciate it. secretary lt. falvey: thank you. president mazzucco: i would like to return tonight in honor of lieutenant falvey. we are adjourned. [applause]

>> the evening, and welcome to -- 2012. this is the regular board meeting of the board of education, tuesday, january 10, and this is now called to order. >> ms.