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tv   [untitled]    April 21, 2012 11:00am-11:30am PDT

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>> for more information, chair: can we please stand for the pledge of allegiance? >> one nation, under all. secretary: mr. chiaarair, i will call the roll call. [reading roll] mr. president, you have a quorum.
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chair mazzucco: good evening. chief sur had to go somewhere else tonight, so before we call the calendar, i have to tell you that there has been some conversation with the cheap and the member of the city attorney's office, so we're going to remove from our jenna line item 3a, which is the presentation of the first- quarter findings and recommendations and presentation of officer-involved investigative summaries, and likewise, and similarly situated, line item number 5, a discussion to adopt the general order firearms discharge review board, which is an action item, that is a very important item, and the chief really wanted to be present for this item, so he asked that we do this, so with
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that in mind, we are going to but that over until another week so the chief can be for that. can we please proceed to item number one? secretary: line item number one, the consent calendar. the police will report on the disciplinary actions in the first quarter 2012, for the first quarter status report on the general orders and policy. president mazzucco: thank you. in your packet is the disciplinary actions for the first quarter of 2012. i would just a note for the record that there were three cases. one case was sustained with a significant punishment and penalty for a patrol specialist. there was a motion to dismiss granted on a failure to meet statute of limitations, and there was one case where the officer-involved -- the officer involved retired with charges pending. and then we have the first- quarter status report on general
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orders and policy. commissioners, have you had a chance to look at that? and are there any comments? hearing none, is there a motion? we will hold public comment, but if we can have a motion first? any public comment regarding these items? hearing none, public, it is now closed. commissioner i move that we adopt the report. president mazzucco: that item is closed. please call line item number two, mr. monroe. . monroe: the speakers shall address their remarks to the whole and not to individual individuals or the personnel. during public comment, personnel
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or the commissioners are not required to respond. individual commissioners and police and personnel should refrain however from entering into any debates, discussions during public comment. please limit your comments to 3 minutes. president mazzucco: good evening. any public comment? >> good evening. long time to see. i can follow-up with inspector monroe later on on this question, but our actual officers, actual officers, are they committed to public endorsements of candidates in elections? that is my question. i was informed by an inspector that she did not feel that was the case. i know at least one, badge number 689, who does so on a regular basis. is it legal or not and within
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the rules and regulations? if he knows, he can tell me now, and that would be awesome. this leads me to my second point. it has now been, but we can, i believe it has been 20 months since you received the comptroller's report from august 2010 telling you that they are in a lawless outfit and a liability for the city on an ongoing, increasing, and regular basis. do not say you have not had notice. you have had plenty of notice of the shenanigans and wars that they are engaged in, especially out in the caster. for example, there is a lawsuit. chief suhr is not here. but he is named in the decision from the court repeatedly, and in that decision, where the city and county patrol -- prevailed over what you try to be a patrol special under the guise of being a friend of warner, even though he is a convicted child
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molester among others things, in that case, in detail the extent of the patrol special willingness or lack thereof to follow the rules and regulations and a lot of the city, state, and country. this leads me to my second point, which is you have known since that case in 2009, and you were made again aware of it in the 2010 report, and i have been coming to your meetings for over one year now and have been making you evidently aware of their shenanigans and their behavior in the castro, and you have done nothing. the lieutenant behind me was here to tell you that an owner had illegally operated for we do not know how long, but for quite awhile, and continues to do so. in november, there was talk of holding him and others accountable on to one of your members decided that needed to be referred for discussion for 30 to 45 days. it has now been six months since that referral and nothing has been done.
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i do not know what rules are being followed. they do not follow the rules. you do not enforce the rules, and somehow, the rules are deemed unworkable. i wonder how that happens. president mazzucco: next speaker. >> started a little early, but i will take it. commissioners and acting police chief, good evening. thank you for letting me speak. very briefly, i have a couple of items for you, related to a policeman that was hired to investigate tax and drivers in san francisco. that was bounced off of the oakland police force. working out for the mta, and i do not know what role the police commission plays in that, but a lot of drivers are very concerned because this man was
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investigated and put in jail for felonies, and he was hired by san francisco. the felonies were drugs, weapons, and pretending he was the fbi at one time. i want to give you the full report. i have seven copies here that you can look over and talk to the mayor about. the mayor has a copy. the board of supervisors has a copy. the mta got a copy. i am not a point to mention his name at this time. two, last year, i gave ms. kingsley a list of things that this commission could do to help the attendance. i do not think they paid any attention to it. i have never seen one article or one advertisement in any newspaper to advertise the police commission hearings going on and giving locations, so i
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brought you a copy of one of the muni advertisements that the posted that runs in 5 to 18 newspapers in this city, the local and the "san francisco examiner," when they have meetings. that drop members from across the city who would like to speak at these meetings. i have copies of those for you. also, one of the example is one that ran this given advertisement, and last is this. we have talked about this from time to time. san francisco has 1000 unsolved murders. it also has a murder rate that is declining in the city, but it is not as low as new york city's. i have heard no attempts by this commission in any area on how you are going to attempt to
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solve those murders when you have a police department down probably 50% in terms of the number of detectives. i would like to hear more on what you are attending to for 2012 to solve these unsolved murders which go back to the 1940's and 1930's. i thank you for your time. these are the copies also. president mazzucco: good evening, clyde. >> good evening. if you go to the website, sfpd, the agenda, email address, everything is there, and it is updated weekly by these people. in reference to the tax issue, you are correct. we had a police officer that was getting kickbacks past taxi driver license permits. he was charged with a crime. i do not know the end result of that.
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on a few positive notes, chief cuhr, i have to give him credit. there is so much going on, i cannot keep up with it. his openness about the tenderloin police officer involved in a case in the tenderloin, he did not hide it. he put it out there and said, "this is the way it is." he is suspended without pay. party over, buddy. a front-page article on the cell phones being stolen. i see that everyday. i talked to one lady, "put it away. you are on church street." i did not know. but now, as you know, the fcc has joined forces with the cell phone companies, and now they will have a database. if you lose your cell phone, he reported, somebody steals it, they cannot reactivated, so there goes that market. that game is over with.
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that game is over with. also, i am still, like i said, i cover something like six different police departments, new york, san francisco, and boston, and someone says about the crime, the murder rates, i do not see a lot getting involved. we all complain. joe got killed down in the baby. i saw it, but i am not going to the police. oh, mary jane got murdered in the bayview or whatever. the police are not doing their job. well, when was the last time you talked to a detective? i do not want to get involved. shut up then. have a nice evening. president mazzucco: thank you. any further comment? >> as commissioner chan knows, i am here to represent ammaniano,
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but i am here not on that. regarding the pedestrian deaths at the intersection of market and castro, i myself am a cyclist and wanted to bring to your attention an issue i recently encountered on my own. about one month ago, i was hit by a car in front of my house on hayes street. epically, there was a witness to the accident. she stopped. i needed medical attention but not an emergency. i went down to st. mary's. from st. mary's, i walked to park station to file a police report. i was denied and told i could not file a police report, because it was not support a policy to allow me to file a police report regarding the accident because i did not call 911 at the scene of the accident. i was in no state to argue, though i tried. i went back two days later. there was another officer at the desk, park station again.
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i was again refused to the ability to file a police report for an accident that happened in front of my house. it took eight third try with this memo from chief fong with an attorney to finally be able to file a police report regarding the accident. now, i bring this issue up to you because there has been talk of increased enforcement four cyclists, and there is a new push in the media about having increased enforcement. i work in government. if someone like me, it takes three times, including finally bringing a lawyer and a copy of the department's general orders to finally be able to file a police report, i can all imagine what would happen if this cyclist not familiar with local government, not familiar with what department general orders are, and not familiar with how the sfpd is supposed to work in
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terms of policies, then i think we're going to have a serious problem in terms of increased enforcement weather is pedestrians or cyclists or otherwise, but i bring this to you because in 2009, then chief fong issued this memo about the general order for the policies regarding actions involving cyclists. that may be something that has to be reissued. even the third time, as i was thinking of this, talking to the sergeant on duty to get the initial officer to finally do that, clearly, he had mentioned to me at the time, he apologized and said it was clearly a training issue, so moving forward, recommendation would be that you reissue that memo where make sure that each of the police stations understand what the general orders are in terms of taking the police reports and the cyclists. president mazzucco: thank you.
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any further public comment? seeing none, public comment is closed. please call item no. 3. secretary monroe: item number three, the reports. >> some of the high points were on wednesday, april 4, enforcement team action was taken where beheaded number of arrests. we do this approximately every month or two. we had 70 individuals on parole and it some 17 felonies. we bring in officers from all different stations. it was very successful. we did get some positive media exposure, and the chief did afterwards, and we will continue these operations as needed. on saturday, april 7, several districts stations here in the city, including chief suhr's
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staff, were at the cookoff. it was a great event. i attended with my son. although our team lost, it was really the epitome of community policing. it is nice to see the uniformed officers interacting at what is essentially a major bar-b-q. congratulations to the staff for a great event. also, later that night, there was a dinner, and it ended at a lions club which honors the firefighters and others of the year. 12 officers or honored at that event. on tuesday april 10, the cheese held a community event to update the public on the homicides, just to make sure the community was getting accurate information. we put a lot of information as we could as quickly as we could after the homicides, and
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thankfully, we were able to make an arrest within 48 hours, but just in case there were fears in the community, we had tamil meetings, we would do after an officer-involved shooting. later that night, there was the commemorative meeting for officer espinosa at the bayview station. on thursday, april 12, the chief and his staff attended human rights commission hearing on the 40th anniversary of the war on drugs. i was actually on vacation that day and was unable to attend, and then on friday april 13, several children participated in a wilderness program. they had lunch with the chief. it was a big day for them to have lunch with the chief of police. there was some tremendous testimony on the effectiveness of the wilderness program last month. and then on monday the 16th, the cheap and staff continued with a presentation on the teacher
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graduate program, obviously emphasizing the importance of graduating from high school. this was held at the middle school. there is a lot of partnering with the agency's attending with him, and then on tuesday, april 17, yesterday, myself included, we had the pleasure of playing in a basketball tournament. it was a team event for fund- raising activities. it was a great event. i have not played basketball in 30 years, and i have not gotten any better in my absence, and we lost about 109 to 9. it was a great event, and then this morning, the chief participated in the earthquake commemorative events, and then i would just like to close with a report -- we have experienced some tremendous declines in recent years with crime, a property crime, overall.
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i am happy to report that the data with the crime is down 1% overall, and in this last 28-day extractions period, 29%, so it gets harder and harder to do. the officers obviously are not satisfied with just maintaining it. it continues to decline, and it is a good time for the police department, and we are not going to stop until it continues to improve. president mazzucco: any other questions for mr. cashman? ok, let's go to line item 3 b. secretary monroe: reports of 2012 through march 31, 2011, and the adjudication for the sustained complaints in march 2012. president mazzucco: thank you,
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inspector, and welcome. >> good evening, president, deputy. i am fine. this evening, we will talk about recent activities first and then will go over the second report. the complaint activity in march for the occ was as follows. from march 1 to march 31, 80 cases were opened, which are 14% more cases than were opened in march 2011. we opened 70 cases then. as of march 31, 2012, the year- to-date net open 201 cases compared to 189 as of march 31, 2011. this is a 6% increase in cases open your today it over last year -- opened a year to date them last year.
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to wonder cases were closed. as of march 31, there were 365 pending cases just as we do as of today, the same number of pending cases, even though over 30 additional cases have been filed since then, and as of today, the 365 pending cases compares to 404 pending cases as of april 18 last year. with mediation, there were three immediate cases in march, or 4% of the case is closed. there are 14 cases, including one this month. looking at the sustained allegations, the occ had sustained allegations of 4% of the cases it closed, the same rate as the mediation right. in outreach, in april, on april 9, the police department invited the occ to make a presentation
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at the police academy to a delegation of four visiting justices from the highest court of one area. the chief investigator, an attorney, and i discussed the value of civilian oversight of law enforcement, our investigation procedure, our mediation program and policy work. this also includes the informational brochure, and i want to thank the occ a turning -- attorneys for having that brochure translated. on the next evening, on april 10, i participated in a school of law, women of color collective mentoring event, where i answered questions about my career and the sec -- occ.
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these questions were posed by members of the collective, and that was quite invigorating. that concludes my report of recent activity, and now i would like to move to the report that was in your packet, and it has a very long title, which inspector monroe already read, and i will go over the statistics which i gave to you, but i will briefly talk about the cases that were adjudicated by the chief that had been sustained by the occ, and the cases that were adjudicated were from march 12, 2012 to march 31, 2012. there were four cases. one case involving conduct, the
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report is called -- ok. in one case, conduct reflected misconduct with chewing tobacco and spitting, which the complainant complained about, and the officer was admonish. in another case, an officer failed to inform the juvenile that the juveniles parent or guardian could be present of the interrogation in violation of a code. mostly comprehensive reports and companion reports from march 1, 2012 through march 31, 2012. the third case involved an unwarranted action finding, causing a vehicle to be seized without cause. the captain was admonish. and in the fourth case, neglect of duty, dealing with an officer and traffic.
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and that concludes the report. president mazzucco: a very busy two weeks. >> i did have a very busy two weeks, and it will be better when this cold is gone. president mazzucco: commissioner turman? commissioner turman: what was the disposition of the last case? >> i believe it was an admonishment, but i will double back on that and inform you. president mazzucco: please call line item 3 c, mr. monroe. secretary monroe: item 3 c,
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commission reports. president mazzucco: we have had a busy three weeks. for example, last evening, we went to law school with cheese suhr, and there was information about the occupy movement, and there was an attorney. it was incredible. there was a packed house. the press was there from pbs. and the part that i want to bring to you all, the most amazing thing, there was no complaint with the first amendment project about the san francisco police department handling of the occupy movement. in fact, something to be proud about, we are kind of a model. we are not uc-davis or berkeley or oakland.
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one of the reasons is we have a civilian oversight, and there was conversation about participation with the occ, and the checks and balances we have in place and that the officers tend to do something different. so i have to tell you, the chief was great. he made his presentation, and the message was clear. we will do all we can to facilitate it. that is the policy of the city. but when you cross a line and start assaulting officers, there is going to be an arrest, so i think it was very well-received by the law students and the folks you were there. there was a comment made from the first session in the project that they had hoped things had changed possibly under the chief. that is positive and the good news, so that was well done. and that is what i have to report. commissioners, anything to report? ok, we will move into line item 3 d, commission announcements.
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lt. monroe, and the announcements? secretary monroe: one, we will have a meeting at the terrible district -- at one district, and that will be at 6:00 p.m.. i am sorry. that is april 25. >> and that will be with our captain at the station, correct? >> correct. president mazzucco: and with items for further future meetings, i was hoping maybe we could schedule our next meeting in the tenderloin. she has a meeting regarding some law-enforcement issues that she is holding in her district, but i told her we would do it next month in the tenderloin. we are due to meet with captain garrity. commissioner: that is a great idea. president